[Amended 10-11-2000 by Ord. No. 2000-6]
Where owing to special conditions, a literal enforcement of the provisions of these regulations will result in undue hardship or peculiar conditions pertaining to the land, the Board of Supervisors, after considering the comments of the Planning Commission, may make such reasonable modification, provided the following finds are made where relevant to the case:
A. 
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the district which the property is located.
B. 
That the modification, if authorized, will not substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
C. 
That the modification, if authorized, will represent the minimum modification that will afford relief and represent the lease modification possible of the regulation in issue. In granting any modification, the Board of Supervisors may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
[Amended 10-11-2000 by Ord. No. 2000-6]
The applicant shall submit a written request for modification at the time the preliminary plan or final plan, if a preliminary plan is not required, if filed with the Planning Commission. The application shall state the grounds and facts of reasonableness or hardship upon which the request is based, the provision(s) of this chapter involved, and the minimum modification necessary.
The Board of Supervisors shall record its action and the grounds for its decision on any modification request in its minutes. The Board of Supervisors shall notify applicant in writing of its decision within 15 working days of the date of the Board's decision.
Whenever a request for an alteration of requirements is denied, the Board of Supervisors shall record its action and the grounds for such denial in its minutes. The Board of Supervisors shall notify the applicant in writing of its action and the grounds for such denial of any modification within 15 working days of the date of the Board's decision.