(a) According to Ohio R.C. 711.09(C) and §711.101, the Village Planning Commission may modify the requirements of these Subdivision Regulations in specific cases where unusual topographical or other exceptional conditions require such modifications, or in the case of improvements, where unusual or exceptional factors or conditions require such modifications.
(1) The Village Planning Commission may permit such modification when it determines that such relief does not violate the intent of these regulations and will not be detrimental to the public interest. Under no circumstances shall a modification be granted under this section to any requirements of the zoning code.
(2) In granting a modification, the Village Planning Commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements of these Regulations.
(3) An application for any such modification shall be submitted in writing by the subdivider for the consideration of the Village Planning Commission. The application shall state fully the grounds for the modification requested and all the facts relied upon by the applicant.
(b) Appeal of Planning Commission Waiver. The decision of the Planning Commission may be appealed by petition of any North Perry Village resident or property owner to the Village Council. Such petition may be filed at any time prior to the endorsement of the Final Plat by the Village Council. A reversal of a Planning Commission recommendation shall require a 3/4 vote of the Village Council. (Ord. 19-10. Passed 11-7-19.)