Where the Planning and Zoning Commission finds
that extraordinary hardships may result from strict compliance with
these regulations, it may modify the regulations so that substantial
justice may be done and the public interest secured, provided that
such modification will not have the effect of nullifying the intent
and purpose of these regulations.
In granting modifications, the Planning and
Zoning Commission may require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so modified.
Fees to partially cover the cost of considering,
examining, and checking the several plats and plans required herein
and for recording the final plat shall be collected at the time of
filing a preliminary plat, in accordance with a fee schedule of charges
as presented by the Planning and Zoning Commission to the Mayor and
Council.
It is hereby declared to be the legislative
intent that:
A.
If a court of competent jurisdiction declares any
provision of these regulations to be invalid or ineffective in whole
or in part, the effect of such decision shall be limited to those
provisions which are expressly stated in the decision to be invalid
or ineffective, and all other provisions of these regulations shall
continue to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application
of any provision or provisions of these regulations to any lot, building,
or other structure, or tract of land, to be invalid or ineffective,
in whole or tract of the effect of such decision shall be limited
to the person, property, or situation immediately involved in the
controversy, and the application of any such provision to other persons,
property, or situations shall not be affected.
