(A) An applicant seeking a modification or exception to this chapter shall submit to the county staff a request in writing that states the specific ordinance section(s) involved and the reasons for the request. The staff shall provide the request to the Planning Commission. The Planning Commission may in writing grant a waiver or modifications to the specific requirements of this chapter.
(B) The written request must be submitted no less than 7 days prior to the Planning Commission public meeting at which the request will be considered. An application for subdivision plan approval shall not be reviewed by the Planning Commission until written requests for required modifications or exceptions have been submitted to accompany the plan.
(C) The applicant must establish that the request will meet 1 or more of the following conditions:
(1) Avoid an undue hardship that was not self-created and that results from the peculiar and uncommon conditions of the property;
(2) Avoid a clearly unreasonable requirement that would not serve any valid public purpose;
(3) Allow an alternative standard that is clearly proven by the applicant to provide equal or better results;
(4) Allow a layout or improvements that would clearly be more in the public interest than what would occur if the modification were not granted; or
(5) Remove a requirement that is not appropriate, especially because of the small size of the proposed subdivision.
(Ord. —, passed 6-24-1997; Am. Res. 2010-5, passed 5-25-2010)