§ 65.452. Criteria for Modification of Standards.

The City Council shall approve any modification request under this Part if it meets all of the following general standards:

(A)

Purpose and Intent of GMP. The modification would be consistent with the stated purpose and intent of this Code and with the City's adopted GMP;

(B)

Public Interest. The modification would not have a significantly adverse impact on the public interest; and

(C)

Public Facilities. The modification would not overburden or otherwise adversely impact public facilities.

(D)

Hardship. Strict application of the development standard would create a legal hardship due to the unusual size, shape, topography, natural conditions, or location of the subject property (provided that such conditions were not existing at the time of the property owner's purchase of the property or created by the property owner or their agent); due to best engineering, design, or construction practices; or due to required preservation of existing environmental or cultural features.

(Ord. of 10-29-2001, § 2, Doc. #011029703; Ord. No. 2010-31, § 3, 8-30-2010, Doc. #1008301109)