§ 152.006 VARIANCES.
   (A)   General.
      (1)   These land subdivision regulations are adopted as minimum requirements, and all developers should consider developing their subdivisions at higher standards. Thus, the developer Is encouraged to go beyond the requirements of these regulations and the Planning Commission may require standards above the minimum contained herein, whenever it feels that public health, safety or welfare purposes justify such increases.
      (2)   The Planning Commission may also reduce or otherwise vary the requirements of these regulations whenever it encounters the situations described below. In granting such variances, the Commission may attach and require whatever conditions it feels are necessary to secure the basic objectives of the regulations.
   (B)   Exceptional conditions. When the Commission finds that strict application of these regulations would result in extreme physical difficulties because of exceptional and unique topographic or other physical conditions, the Commission may modify these regulations to the extent necessary to provide relief from the undue hardship; provided, however, that, such relief may be granted, without detriment to the public welfare and substantially impairing the intent and purpose of these regulations. In granting such variances or modifications, the Planning Commission may require such conditions as will substantially secure the objectives of the standards or requirements so varied or modified. A financial disadvantage to the property owner is no proof of hardship within the purpose of these regulations.
   (C)   Design innovation and large scale development. These regulations may be modified by the Planning Commission in the case of plans for cluster development, planned unit development or other design innovations which, in the Commission’s opinion, achieve the basic objectives of these regulations. The Commission may require such conditions, as it deems necessary to secure the objectives of these regulations.
(Ord. passed 10- -1977; Ord. passed 1-6-1998; Ord. passed 11-12-2001)