(A) The Commission may grant such modifications to the requirements and standards of this chapter as will not be contrary to the public interest, where owing to extraordinary conditions, fully demonstrated by the applicant on the basis of facts presented, strict compliance with the provisions of this chapter will result in practical difficulties or misuse of property. It is the intent of this chapter that this authority will be used sparingly and only when the applicant has clearly demonstrated that all criteria in division (B) below are met. The burden of proof is on the applicant.
(B) In the exercise of its authority under this section, the Commission shall grant modifications only upon finding that all of the following criteria are met:
(1) The modification will not be detrimental to the public health, safety, or general welfare;
(2) The modification will not adversely affect adjacent property;
(3) The modification is justified because of exceptional topographic or other physical conditions unique to the property involved and is not to correct mere inconvenience or financial disadvantage;
(4) The conditions upon which the modification request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
(5) The modification is consistent with the intent and purposes of this chapter and with the Comprehensive Plan;
(6) The condition necessitating the modification was not created by the owner or applicant;
(7) The relief sought will not in any manner vary the provisions of
Chapter 157
.
(C) In granting modifications, the Commission may require such conditions as will, in its judgment secure substantially the purposes of this chapter.
(D) A request for a modification from the terms of this chapter shall be submitted in writing at the time when the subdivision is filed with the Commission for consideration for primary approval. The request shall state fully the grounds for the application and all facts relied upon by the applicant.
(Ord. 17, 2006, passed 11-27-2006)