(A) Where, in the opinion of the Director, and as approved by City Council, there exists extraordinary conditions of topography, rock outcroppings, soil conditions, land ownership, adjacent development, or other circumstances not provided for in these regulations, City Council may modify the provisions of this Code in such a manner, and to such extent as it may deem appropriate to the public interest. The burden of proof for City Council determination of a modification rests with the applicant. The written request for modification shall be made to the city and shall be submitted to the P & Z Commission and City Council after said modifications have been sufficiently reviewed by the Site Plan Review Committee. A recommendation of said modification(s) by the P & Z Commission shall then be sent to City Council for a final decision. Modifications are specific to each case and do not set a precedent due to the extraordinary and specific circumstances involved with each case.
(B) In modifying the standards and/or requirements of these provisions, as outlined above, City Council may make such additional requirements as deemed necessary to be in the best interest of the public, and without creating an undue hardship upon the applicant, to secure substantially the objectives and general intent of the standards or requirements so modified.
(Ord. 692-22, passed 5-11-2022)