§ 153.165 FLEXIBILITY IN ADMINISTRATION AUTHORIZED.
   (A)    The requirements set forth in this subchapter concerning the amount, size, location and nature of usable open space to be provided in connection with residential developments are established by the town as standards that presumptively will result in the provision of the amount of open space that is consistent with officially adopted town plans. The town recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this subchapter may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the Zoning Administrator, with the concurrence of the Director of Parks and Recreation and the Director of Planning and Inspections, is authorized to permit minor deviations from these standards whenever it determines that:
      (1)   The objectives underlying these standards can be met without strict adherence to them; and
      (2)   Because of peculiarities in the developer's tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.
   (B)   Whenever the Zoning Administrator authorizes some deviation from the standards set forth in this subchapter pursuant to division (A) above, the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)