The design requirements of this chapter may
be modified in the case of a planned unit development, upon determination
by the Planning Commission that the proposed development will provide
adequate public spaces and fully meet needs for light, air, service,
circulation, recreation and livability. Before approval of any such
planned unit development, a detailed site plan shall be submitted
in accordance with the provisions of this chapter and provision shall
be made for such covenants and other legal provisions as will ensure
that the plan will be carried out.
Where, because of unusual topographical conditions
peculiar to the site or because of unusual shape of the property,
the Planning Commission finds that strict adherence to the requirements
of this chapter would result in extraordinary hardship to the subdivider
or builder, including but not limited to summer homes or vacation
cottages built on mountainous or rough terrain, it may permit a variance
in the regulations so that substantial justice is done and the public
interest secured, provided that the granting of such variance will
alleviate a clearly demonstrable hardship as distinguished from a
special privilege or convenience sought by the subdivider; and, provided,
further, that such variance will not have the effect of nullifying
the intent of this chapter.
In granting variance and modifications, the
Planning Commission may impose such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
