1111.06 VARIANCES, EXCEPTIONS AND AMENDMENTS.

   (a)    Where it can be shown in the case of a particular proposed subdivision, that strict compliance with the requirements of these Subdivision Regulations (except in Chapter 1115) would result in extraordinary or undue hardship to the subdivider, or that these conditions would result in retarding the achievement of the objectives of these Regulations, then the Planning Commission may vary, modify or waive requirements so that substantial justice may be done and the public interest secured. Any such determination shall be based fundamentally on a finding that unusual topographical or other exceptional conditions not caused by action of the subdivider require such variance, modification or waiver; and that the granting thereof, shall not adversely affect the general public nor have the effect of nullifying the intent of these Regulations.

   (b)    In no case shall any variance, modification or waiver be more than a minimum easing of the requirements; in no case shall it have the effect of reducing the traffic capacity on any major or secondary thoroughfare; and in no case shall it be in conflict with the existing Zoning Ordinance.

   (c)    In granting variances, modifications or waivers, the Planning Commission may require such conditions in its judgment as shall secure substantially the objectives of the standards and requirements so affected.

   (d)    The subdivider shall submit an application for a variance, modification or waiver in writing to the Planning Commission simultaneously, with the preliminary plat for the subdivision. The application shall explain in detail the reasons for and the facts supporting the request.

   (e)   The Planning Commission has no authority to grant a use variance.

(Ord. 2011-008. Passed 3-15-11.)