Where the plan commission finds that extraordinary hardships, other than purely financial or practical difficulties, may result from strict compliance with this title, it may recommend to the village board a modification of the regulations so that substantial justice may be done and the public interest secured; provided, that such modification will not have the effect of nullifying the purpose of the comprehensive plan or this title.
(A) Approval Of Modification: Neither the plan commission nor the village board shall approve a modification to this title unless it finds in each specific case, based upon the evidence presented by the petitioner, that all of the following criteria have been met:
1. The granting of the modification will not be detrimental to the public safety, health, or welfare, or injurious to other property;
2. The conditions upon which the modification request is based are unique to the property for which the modification is sought and are not applicable generally to other property;
3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; and
4. The modification will not in any manner vary the provisions of the zoning code.
(B) Large Scale Development: The standards and requirements of this title may be modified by the village board upon the recommendation of the plan commission in case of a plan or a program for a planned development for a community, or a neighborhood unit, which in the judgment of the plan commission shall exceed the minimum requirements for adequate public space and improvements for circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provides such covenants or other legal provisions as will assure conformity to the purposes of the comprehensive plan.
(C) Procedure For Seeking Modifications: Applications for any such modification, except those initiated by the plan commission, shall be submitted in writing by the subdivider with the subdivision application at the time when the preliminary plat is filed for the consideration of the plan commission. The petitions shall state fully the grounds for the modification request and all the facts relied upon by the petitioner to make the modification request.
(D) Review By The Plan Commission And Village Board: In recommending a modification as provided in this section, the plan commission or village board may prescribe such conditions, as will, in their judgment, secure substantially the objectives of the standards or requirements of these regulations and this title in general. The recommendation of a modification by the plan commission shall be conditional and subject to the final approval of the village board. In reviewing a request for modification, the review and approval process shall be the same as that provided in section 11-2-3 of this title at the same time the preliminary plat is reviewed by the plan commission and the village board. However, the village board can take action adverse to the plan commission by a majority vote rather than the two-thirds (2/3) vote as set forth in subsection 11-2-3(J) of this title when the plan commission has voted to recommend approval of a modification. If the plan commission votes to not recommend approval of a modification, then the village board can only take adverse action to the plan commission by a two-thirds (2/3) vote of all board members. (Ord. 2005-09, 12-19-2005)