The general principles and standards of subdivision development stipulated in Articles VII and VIII may be varied by the Town Planning Commission in case of a subdivision large enough to constitute a more-or-less self-contained neighborhood to be developed in accordance with the Town Comprehensive Master Plan, safeguarded by appropriate restrictions, which in the judgment of the Planning Commission make adequate provisions for all essential conditions; provided, however, that no modifications shall be granted which would conflict with the intent of the Town or County Master Plan, or with the intent and purpose of these regulations and the Town or appropriate County Zoning Ordinance, and provided that the Town or counties shall not be obligated to accept any improvements constructed under the permission granted through this section.
Where the Planning Commission finds that unusual
hardships may result from strict compliance with these regulations,
it may vary the regulations so that substantial justice may be done
and the public interest secured.
Recording of a subdivision plat under this chapter
shall not be required in the following cases, subject to Planning
Commission approval:
A.Â
Court action. Partition of lands by will or through
action of a court of competent jurisdiction unless or until development
of the lands is proposed.
B.Â
Public taking. Where a property has been changed in
size or shape by reason of the taking of a part of such property for
public use by reference to a properly drawn and recorded plat, such
as a right-of-way plat, provided that the outlines and dimensions
of such remainder may be clearly determined by reference to the previously
recorded plats.
C.Â
Utility rights-of-way. A bona fide division of a tract
of land in order that one or more of the resulting parcels may be
used as part of an electric transmission line right-of-way or other
public utility right-of-way, provided that if a parcel resulting from
such division is ever to be used as a building site for other than
an electric transmission line or other public utility right-of-way,
then before a building permit may be issued for such other use, a
plat must be filed and recorded.
D.Â
Commercial shopping center. Parcels of land located
within a shopping center, owned by persons or parties other than the
developer of the shopping center, provided that the perimeter property
lines of the entire shopping center are platted and the owner/developer
of the shopping center provides assurances that all improvements,
including parking, are located within the perimeter lot lines and
are available for use by the parcel being created.
