(A) Where the Planning Commission finds that because of unusual circumstances of shape and topography or other physical features or conditions of the proposed subdivision, or because of the nature of adjacent developments, extraordinary hardship may result from strict compliance with this chapter, there may be granted a modification of this chapter when requested by the subdivider or developer. However, no such modification shall be granted which will have the effect of nullifying the intent and purpose of the Comprehensive Plan, the zoning regulations, this chapter or any other pertinent rules, regulations or laws of the county. In granting modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objections of the standards of the requirements so waived or modified.
(B) All modification requests shall be made in writing at least 45 days prior to a scheduled meeting of the Planning Commission and specifically state the type and extent of the modification being sought.
(C) The Division staff shall have the authority to administratively approve modifications with regards to entrance locations in the following instances:
(1) Entrances on a state road that have State Highway Administration (SHA) approval;
(2) Situations with new lots created around existing entrances with adequate sight distance (on both collectors and minor arterials);
(3) Common-use entrances utilizing existing single entrances which do not meet separation restrictions but have adequate sight distance (on both collectors and minor arterials);
(D) If an applicant disagrees with the decision of staff, the applicant may take the request to the Planning Commission. This request shall be filed with staff along with the appropriate fees at least 45 days prior to the Planning Commission agenda on which the request is scheduled.
(E) Any modification of this chapter for a particular subdivision or development shall be noted on the final plat and appear in the records of the Division and shall be transmitted to the subdivider or developer.
(1959 Code, § 38A-35) (Ord. 95-15-139, 8-1-1995; Ord. 00-20-262, 7-18-2000; Ord. 05-27-388, 10-25-2005; Ord. 10-23-558, 10-19-2010; Ord. 14-23-678, 11-13-2014)