§ 3.3. Variance/conditions.

When there is a request from a subdivider, it must be in written form, and where the planning commission finds that extraordinary or unnecessary hardships may result from strict compliance with these regulations, and that the subdivider meets the conditions of a variance as defined, and as provided by the term "variance" as defined in article 2 above, the planning commission may vary the regulations so that substantial justice may be done and the public interest secured. Provided, however, that such variation will not have the effect of nullifying the intent and purpose of other plans and policies of the governing authority and such authority shall not include approval of a density variance (ie. cannot reduce the size of lots as established by the zoning ordinance of Chatsworth, unless a conservation design subdivision is subject to approval.)

In granting variances and modifications, the planning commission shall require such conditions as will, in its judgment, secure substantially the objectives or standards or requirements so varied or modified.

(Ord. of 3-3-2008)