The Planning Commission may grant, upon written request, design modifications to the requirements found in Articles 2, 3, 4 (except amenity financial guarantees), 6, 7 and 8 of the Land Development Regulations if the strict application of the requirements would create an unnecessary hardship in the development of land. Design modification requests shall be prepared by the property owner, developer, or their agent and address the criteria shown below.
Requests for design modifications may be submitted to the Planning Department 15 days prior to or at the Planning Commission meeting at which the request will be considered. In reviewing design modifications, the Planning Commission will consider the public interest and endeavor to preserve the general intent and spirit of these regulations.
Before granting a design modification the Planning Commission shall state, for the record, that all of the following conditions are satisfied. In reaching such conclusion, the Planning Commission may utilize the written request prepared by the applicant and other applicable information.
The design modification is justified because of topographical or other special conditions unique to the property.
- The design modification will not compromise the intent or purpose of the Land Development Regulations. If the design modification is granted, the proposed development must show mitigation improvements to ensure the intent of the Land Development Regulations is maintained.