[Amended 3-28-2022 by L.L. No. 4-2022]
A.
Where the Zoning Board of Appeals finds that compliance
with these regulations would cause unusual hardship or extraordinary
difficulties because of exceptional and unique conditions of topography,
access, location, shape, size, drainage or other physical features
of the site, the minimum requirements of these regulations may be
modified to mitigate the hardship, provided that the public interest
is protected and the development is in keeping with the general spirit
and intent of the regulations.
B.
No such modification may be granted if it would change
the requirements or intent of the Zoning Ordinance, this chapter or
other codes or ordinances of the Town of Salina or if same would under
such circumstances require the subdivider to apply for a variance
or similar relief as a result thereof.
C.
The Zoning Board of Appeals may require such conditions
as will, in its judgment, secure and ensure substantial compliance
with the objectives of the requirement so changed or modified.
D.
The Zoning Board of Appeals may modify the requirements
of this chapter in the case of a proposed subdivision plat for a complete
community or other planned development which in the judgment of the
Zoning Board of Appeals provides adequate public space and improvements
for the circulation, recreation, light, air and service needs of the
community when fully developed and populated and which also provides
such covenants or other legal provisions as will assure conformity
to and achievement of the plan.
