Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the applicant because of unusual topography or other conditions which are not self-imposed or that these conditions would result in inhibiting the achievement of the objectives of these regulations, the Commission may modify or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter or be contrary to the goals and objectives of the Comprehensive Plan for the County. In no case shall any modification or waiver be more than a minimum easing of the requirements, and in no instance shall it result in any conflict with Chapter 205, Zoning.
A.
Modifications and waivers from the requirements of
this chapter shall be granted only by the affirmative vote of 3/4
of the Commission members present.
B.
In granting modifications and waivers, the Commission
may require such conditions as will, in its judgment, substantially
secure the objectives of the requirements so modified or waived.
C.
Requests for modifications and waivers may be presented
at a business meeting of the Commission. Such requests must be submitted
to the Department at or before the normal application deadline established
by the Department.
D.
This section does not apply to the requirements of
other public agencies.
A.
Any subdivision wherein the proposed buildable lot contains 20 acres or more, with residual acreage of at least 20 acres or which residual acreage, if less than 20 acres, is to be conveyed to the owner of an adjacent parcel, and no new public street is being dedicated shall be subject to the provisions of the minor subdivision review process without regard to the original parcel having been previously subdivided under the minor subdivision review process and without limitation on the number of buildable lots being created, except that proposals for subdivision involving private streets shall not exceed 10 lots altogether. Any such lots must meet the minimum area and bulk requirements provided in Chapter 205, Zoning.
B.
A lot conveyance of one acre or more to a son or daughter or lineal descendant, antecedent, or sibling of the grantor shall be subject to the provisions of the minor subdivision review process per § 187-29 without regard to the original parcel having been previously subdivided under the minor subdivision review process, provided the following conditions are met:
[Added 5-26-2009 by Ord. No. 09-10]
(1)
The
remaining tract shall retain at least five acres after said conveyance
is completed.
(2)
No
new public street shall be dedicated.
(4)
A
grantee may only receive one conveyance from the grantor in a ten-year
time frame.
(5)
The
grantor shall submit a certified list of all previous grants to any
person pursuant to this exception at the time of application for minor
subdivision review.
