1197.01 MODIFICATIONS OF SUBDIVISION DESIGN STANDARDS.

   (a)    The subdivision design standards, as stipulated in Chapter 1195 of these Subdivision Regulations, may be modified by the Planning Commission in the case of a Planned Development District, and in the case of a subdivision large enough to constitute a more or less self-contained neighborhood, in the judgment of the Planning Commission, which is to be developed in accordance with the City of Hamilton’s Comprehensive Plan and safeguarded by appropriate restrictions which, in the judgment of the Planning Commission, adequately provide for all essential community requirements. The Planning Commission shall not grant a modification which would conflict with the proposals of the Roadway Functional Classification Map, with other features of the City of Hamilton Comprehensive Plan, or with the intent and purpose of the design requirements contained herein.

   (b)   Where it can be shown in the case of a particular proposed subdivision that strict compliance with the requirements of these regulations would result in extraordinary or undue hardship to the applicant or developer, or that these conditions would result in delaying the achievement of the objectives of these regulations, the Planning Commission may waive, vary, or modify the requirements so that the subdivision is in conformance with all applicable regulations and standards, and the public interest is secured. Any such determination shall be based fundamentally on a finding that:

      (1)   The granting of the variance, exception, or waiver of conditions will not be detrimental to the public safety, health or welfare, and is not injurious to other property.

      (2)   The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property.

      (3)   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out.

      (4)   The relief sought will not, in any manner, vary the provisions of the Zoning Ordinance, Comprehensive Plan, or Official Zoning Map, except that those documents may be amended in the manner prescribed by law.

         (Ord. 2021-5-30. Passed 5-12-21.)