[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.