1105.06 MODIFICATIONS AND EXCEPTIONS.

   (a)   Minor Subdivisions: Lot Splits. A proposed division of a parcel of land along existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the Planning Commission, upon written application, as provided in the Sample Form, Section 1105.11(c), for approval without plat. The Planning Commission, acting through the Planning Director, shall approve or disapprove such proposed division within seven working days after submission. If satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations shall stamp the same "Approved by City Planning Commission, Fairfield, Ohio, no plat required" and have it signed by the Planning Director or his authorized representative. In doing so, the Planning Commission shall require that three copies of the plat of the proposed division and other pertinent information be filed with the Commission for record keeping purposes.

   (b)   Preliminary Plat Exceptions. In the case of a minor subdivision situated in a locality where conditions are well defined, the Planning Commission may exempt the subdivider from complying with some or all of the requirements stipulated in Section 1105.04 pertaining to the preparation of the preliminary and final plats.

   (c)   Large Development Exceptions. The general principles of design and the minimum requirements for the laying out of subdivision may be varied by the Planning Commission in the case of a Planned Unit Development authorized under provisions of the Zoning Ordinance of the City, to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which, in the judgment of the Commission make adequate provisions for all essential community facilities; provided, however, that no modification shall be granted by the Commission which would conflict with the proposals of the Thoroughfare Plan, or with other features of the Comprehensive Plan, or with the intent and purpose of the general principles of design and minimum requirements.

   (d)   Modifications Due to Developmental Hardships. In any particular case where the subdivider may show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of these Regulations would cause practical difficulty or exceptional or undue hardship, the Planning Commission may relax such requirements to the extent deemed just and proper after reviewing the recommendation of the Planning Director, so as to relieve such difficulty or hardship; provided such relief may be granted without detriment to the public good and without impairing the intent and purpose of these Regulations or the desirable general development of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Ordinance. Any modification thus granted shall be entered in the minutes of the Planning Commission setting forth the reasons which, in the opinion of the Planning Commission, justified the modification.
(Ord. 167-95. Passed 11-13-95.)