§ 148-10 MODIFICATIONS AND EXCEPTIONS.
   (A)   Unusual topography or other conditions. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography or other conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of these regulations, the Planning Commission may vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, that the variance, modification, or waiver will not have the effect of nullifying the intent and purpose of this chapter or being contrary to the goals and objectives of the comprehensive plan for the town. In no case shall any variation, modification, or waiver be more than a minimum easing of the requirements, and in no instance shall it result in any conflict with the proposals of the adopted transportation plan for the town or the applicable zoning regulations.
   (B)   Residential planned community districts. Where land within the incorporated territory of the town is proposed for development in accordance with the provisions of the town zoning ordinance pertaining to the establishment of a planned unit development, the requirements and conditions for approval as set forth in that ordinance shall prevail in the case of any conflict with these regulations; provided, however, that nothing in this section shall be construed as permitting any exception from the requirements of these regulations with regard to the design, arrangement, or improvement of streets and highways within any proposed planned unit development.
   (C)   Approval. Variances, modifications, and waivers from the requirements of this chapter shall be granted only by the affirmative vote of three-fourths of the members of the Planning Commission. In granting variances, modifications, and waivers, the Planning Commission may require conditions as will, in its judgment, substantially secure the objectives of the requirements so varied, modified, or waived.
(Prior Code, § 148-10) (Ord. passed 5-3-1975)