[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2,
12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. The Board of Supervisors may, in specific cases, authorize modifications
from the provisions of these regulations that will not be contrary
to the public interest but, where owing to special conditions in a
specific development or subdivision, the literal interpretation and
strict application of the provisions of these regulations would cause
unfair and unnecessary hardship, or the modification would achieve
a greater health and safety public interest than the regulations require.
2. Generally, applications for modifications shall meet all of the following
conditions, unless the Board determines that one or more is inapplicable
to the application:
A. There are unique physical circumstances or conditions present on
the property, including peculiar shape or exceptional topographical
or other physical conditions, and the reasons for which a modification
is sought are due to these conditions and not the provisions of the
subdivision regulations;
B. Because of the physical circumstances, there is no possibility that
the property can be developed in strict conformity with these regulations
if reasonable use is to be made of it;
C. The reasons for request of a modification have not been created by
the applicant;
D. The modification, if granted, will not substantially or permanently
impair the appropriate use or development of adjacent property nor
be detrimental to the public welfare; and
E. The modification, if authorized, will represent the minimum modification
that will afford relief and will represent the least modification
possible of the regulation and issue.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2,
12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. Persons requesting consideration of a modification of these regulations
shall submit such request, in writing, indicating specifically the
regulation seeking modification and the reasons for the request along
with submission of the plan. The requested modification should be
indicated, in writing, on the plan as well. The modification request
will be reviewed by the Planning Commission and the Supervisors in
connection with their normal plan review and approval process.
2. In the event the normal plan review process reveals that a plan does
not meet the regulations, the applicant may submit, in writing, a
request for a modification from the regulations, along with a revised
plan with the proposed modification, in writing, endorsed thereon.
The application will provide an extension of time for the review process
of the plan to allow sufficient time to consider the modification
request.