1242.03 VARIANCES.
   No variance from or exception to these Subdivision Regulations shall be granted in whole or in part, except in the following instances:
   (a)   Hardship. Upon application and allegations in writing that extraordinary hardship may result from strict compliance with these Subdivision Regulations, a case may be referred to the Planning Commission for the purpose of hearing the cause and determining substitute regulations to accommodate the specific hardship. If, by adopting the substitute regulations, substantial justice may be done and the public interest may be served, the Planning Commission may adopt the substitute regulations in lieu of the regulations causing hardship, provided that such variation will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or the spirit of these Subdivision Regulations.
   (b)   Large Scale Development. The standards and requirements of these Subdivision Regulations may be modified in the case of a plan and program for a new town, a complete community or a neighborhood unit, which, in the judgment of the Planning Commission and Council, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides the covenants or other legal provisions as will ensure conformity to and achievement of the Comprehensive Plan.
   (c)   Minor Subdivision. Upon application to the Planning Commission and submission of a professionally prepared drawing, the standards and requirements of these Subdivision Regulations shall not apply to the division of a lot containing one or more permanent structures into one or more separate lots.
(Ord. 3703. Passed 10-27-66; Ord. 5052. Passed 12-30-09.)