(a) Generally. The Planning and Zoning Officer may approve an application for a modification to any provision of this article other than § 17-2-107 or one contained in Titles 5, 8, or 9, except as allowed by §§ 17-5-203(b), 17-5-205(b), 17-8-201(b), 17-8-203(c), 17-8-403, 17-8-601(b)(2), 17-8-601(c), 17-8-901, or 17-9-401, and to any applicable regulations, manuals, or specifications, including the DPW Design Manual, upon making specific findings, enumerated in writing, that the modification request satisfies each of the following criteria:
(1) practical difficulties or unnecessary hardship will result from strict application of this article or, for a modification relating to forest conservation, unwarranted hardship will result due to special features of the site or other circumstances;
(2) the purposes of this article, including minimization and mitigation of environmental impacts through the use of clustering or other available design alternatives to preserve the character of the impacted area, will be served by an alternative proposal;
(3) the modification is not detrimental to the public health, safety, or welfare, is not injurious to other properties, or, if the modification relates to forest conservation, does not adversely affect water quality;
(4) the modification does not have the effect of nullifying the intent and purpose of this article, the General Development Plan, or Article 18 of this Code; and
(5) the applicant has submitted written verification to the Office of Planning and Zoning that:
(i) the requested modification was disclosed and discussed at a community meeting required under this article; or
(ii) all owners of property located within 300 feet of the affected property were mailed a notice explaining the reason for the modification, along with a copy of the request for modification.
(b) Comments; decision. The Planning and Zoning Officer shall provide comments on an application for a modification no later than 45 days after the filing of the application but may not issue a decision on the application until at least 15 days have elapsed from the date the verification referenced in subsection (a)(5) was submitted.
(c) When modification may be denied. An application for a modification may be denied if requested solely because compliance would add significantly to development costs or if requested solely for the convenience of the developer, such as when the land is not usable because of error or poor assumptions on the part of the developer.
(d) Modification not required. At the discretion of the Planning and Zoning Officer, demolition of existing structures may proceed without a modification of site development plan requirements in order to abate a civil infraction that violates this Code or to protect the public health or safety.
(e) Modification to eliminate sketch plan review or preliminary plan review. The Planning and Zoning Officer may grant a modification to the requirement of a sketch or preliminary plan review for redevelopment and development within the town center districts if the applicant demonstrates to the Planning and Zoning Officer’s satisfaction that adequate public facilities will be available to serve the development at the time of final plan or site development plan approval and that the final plan or site development plan will satisfy environmental site design standards and techniques for stormwater management and roads.
(f) Conditions. In granting a modification, the Planning and Zoning Officer may require conditions to secure the objectives of the provision that has been modified.
(Bill No. 3-05; Bill No. 59-10; Bill No. 9-11; Bill No. 93-12; Bill No. 27-18; Bill No. 68-19)
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