Where the Zoning Board of Appeals finds that extraordinary hardships
may result from strict compliance with this chapter, it may recommend
to the City Council a modification of 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 purpose
of the Comprehensive Plan or this chapter.
The standards and requirements of this chapter may be modified
by the City Council in the case of a plan or a program for a planned
development for a community, or a neighborhood unit, which in the
judgment of the City Council exceeds the minimum requirements for
adequate public space and improvements for circulation, recreation,
light, air and service needs of the tract when fully developed and
populated, and which also provides such covenants or other legal provisions
as will assure conformity to the general purposes for which the ordinance
codified in this chapter was adopted.
Applications for any modification authorized by this chapter,
except those initiated by the Zoning Board of Appeals, shall be submitted
in writing by the subdivider at the time when the preliminary plat
is filed for the consideration of the Zoning Board of Appeals. The
petitions shall state fully the grounds for the application and all
the facts relied upon by the petitioner.
In recommending modifications provided for in this chapter,
the Zoning Board of Appeals may prescribe such conditions as will,
in its judgment, secure substantially the objectives of the standards
or requirements so modified. The recommendation of a modification
by the Zoning Board of Appeals shall be conditional and subject to
the final approval of the City Council.
