1125.10 MODIFICATIONS AND EXCEPTIONS.

   Where the Planning Commission finds in any particular or specific case, due to unusual topography or other exceptional conditions not common to other areas similarly situated, that extraordinary or undue hardships may result from strict compliance with any requirement of these Regulations it may relax such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided that such relief will not have the effect of nullifying or impairing the intent and purpose of these Regulations, the Major Thoroughfare Plan, the Zoning Ordinance or jeopardize the safety or health of the community. Modifications thus granted, with the reasons therefor, shall be entered in the minutes of the Planning Commission.

   (a)    Large Scale Developments. The general principles of design and the minimum requirements for the laying out of subdivisions may be varied by the Planning Commission in the case of a subdivision large enough to constitute a more or less self-contained neighborhood to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which, in the judgment of the Planning Commission, makes adequate provision for all essential community requirements; provided, however, that no modification shall be granted by the Planning Commission which would conflict with the proposals of the Major Thoroughfare Plan or with the intent and purpose of the general principles of design and minimum requirements.

   (b)    Conditions of Modification or Exceptions. 

      (1)    Subject to the approval of a majority of the members of Council, the Planning Commission may grant variances and modifications as provided in this section. In granting such variances and modifications, the Planning Commission may require such conditions as will, in its independent judgment, secure substantially the objectives of the standards or requirements so varied or modified.

      (2)    Before deciding upon any such modifications or exceptions, the Planning Commission may give notice to abutting property owners or other persons substantially interested in the proposed change; or it may hold a public hearing thereon.

         (Ord. 46-1962. Passed 8-17-62.)