A. Modifications Permitted:
1. Generally: Where the planning commission finds that extraordinary hardships may result from strict compliance with this title, it may recommend to the governing body a modification of the regulations so that substantial justice may be done and the public interest secured; provided, that such modification will not have the effect of nullifying the purpose of the comprehensive plan or this title.
2. Large Scale Developments: The standards and requirements of this title may be modified by the planning commission in the case of a plan or a program for a planned development for a community, or a neighborhood unit, which, in the judgment of the planning commission, shall exceed the minimum requirements for adequate public space and improvements for circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provides such covenants or other legal provisions as will assure conformity to the purposes of the comprehensive plan.
B. Applications Required: Applications for any such modification, except those initiated by the planning commission, shall be submitted in writing by the subdivider at the time the preliminary plat is filed for the consideration of the planning commission. The petitions shall state fully the grounds for the application and all the facts relied upon by the petitioner.
C. Planning Commission Recommendation; Governing Body Approval: In recommending modifications wherever provided in this title, the planning commission may prescribe such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified. The recommendation of a modification by the planning commission shall be conditional and subject to the final approval of the governing body. (Ord. 675, 2-24-2011)