Upon the request of an applicant, the Planning Commission may approve applications of submitted large retail establishment site plans from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would detract from the stated purpose of this chapter. A request for a modification shall be submitted to the Planning Commission and shall be heard at a regularly scheduled Planning Commission meeting. The Planning Commission shall decide the issue within a reasonable time after the meeting. In evaluating a request for a modification, the Planning Commission shall include, but not be limited to, the following criteria:
(a) Specific condition(s) exist which are unique to the applicant’s land, and do not exist on other land within the same zone;
(b) Strict application of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone;
(c) The unique conditions and circumstances are not self-created after the adoption of this chapter;
(d) Reasons that the modification shall preserve, not harm the public safety and welfare, and shall not alter the essential character of the neighborhood; and
(e) The requested modification substantially complies with the terms and stated purpose of this chapter.
(Ord. 2006-81, passed 8-28-2006)