(1) Purpose
The purpose of a modification is to provide limited relief from the requirements of these regulations in those cases where strict application of a particular requirement will create a practical difficulty or extraordinary hardship prohibiting the use of land in a manner otherwise allowed under these regulations. It is not intended that modifications be approved merely to remove inconveniences or financial burdens that the requirements of these regulations may impose of property owners or subdividers in general.
(2) Applicability
(a) If the proposed subdivision requires a deviation from the minimum site development standards (e.g., lot area, lot width, etc.) or other standards mandated by the zoning code, the applicant will be required to apply for and receive all the necessary variance or administrative waiver approvals through Chapter 154: Zoning of the Tipp City Codified Ordinances prior to approval of a preliminary plat.
(b) If the applicant seeks a modification of standards required by these subdivision regulations, then the request for a modification shall be accomplished through the procedure outlined in this section.
(3) Initiation
Pursuant to § 155.03(B)(1) any person having authority to file applications may initiate an application for a modification. The applicant shall submit a request for modification as part of the filing of the preliminary plat.
(4) Modification Review Procedure
(a) A request for a modification shall be reviewed as part of the preliminary plat (see §155.03(D)(4)(b)) review procedure.
(b) The Planning Board shall review the request and may approve, approve with conditions, or deny the request to modify any or all of the modifications.
(c) In approving a modification, the Planning Board may impose conditions on the approval as it determines are required to ensure compliance with the provisions and purpose of these regulations.
(5) Review Criteria
(a) Decisions on requests for modifications shall be based on consideration of the following criteria:
(i) Whether there are special conditions and circumstances exist which are peculiar to the land involved and which are not applicable generally to other lands in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot;
(ii) Whether the strict compliance with these regulations would create an extraordinary hardship in the face of the exceptional conditions above;
(iii) Whether the proposed modification is the minimum necessary to make possible the reasonable subdivision and improvement of the land;
(iv) Whether the essential character of the neighborhood will be substantially altered or that adjoining properties will suffer substantial detriment as a result of the modification;
(v) Whether the modification will adversely affect the delivery of governmental services such as water, sewer, electric, refuse pickup, stormwater control, or other vital services;
(vi) Whether the spirit and intent behind the subject regulation would be observed and substantial justice done by granting the modification request; and/or
(vii) Whether the granting of the modification will not confer on the applicant any special privilege that is denied by this regulation to other lands in the same district.
(viii) As part of the request, the applicant may submit information on how they might mitigate any impacts of the modification or how, through an alternative approach or method, may achieve a better result than the application of the original requirement that they seek to modify.
(b) No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.
(c) In reviewing the request, the Planning Board may seek input and recommendations from the city staff or other agencies having jurisdiction.
(6) Review Timing
(a) The request for a modification shall be reviewed and decided upon as part of preliminary plat decision (see § 155.03(D)(4)(d)).
(b) If the preliminary plat is denied or if the approval of the preliminary plat expires, so does the approval of the modification. Any future request for preliminary plat approval that includes the same modifications shall require a new review and decision on the request for modifications.
(7) Amendment of a Modification after an Approval
A modification may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.
(8) Appeals of Planning Board Decisions
Any person or entity claiming to be injured or aggrieved by any final action of the Planning Board has all the rights of appeal as set forth in R.C. Ch. 711 or any other applicable section of the Ohio Revised Code.
(Ord. 5-17, passed 3-17-2014)