17.15.010 Administrative provisions.
(a) Variances.
(1) The commission may authorize variances from these regulations in cases where, due to exceptional topographical conditions or other unusual conditions peculiar to the site, an unnecessary hardship is placed on the applicant. A variance may be granted where, in the opinion of the commission, the best interests of the town are served by granting a variance. Such variance shall not be granted if it would be detrimental to the public good or impair the intent and purposes of these regulations. The conditions of any variance authorized shall be stated in writing in the minutes of the commission, with the justifications set forth.
(2) These regulations may be modified by the commission in the case of a plan for an entire neighborhood, community, or planned development having a development and building program that, in the judgment of the commission, provides for adequate open spaces, traffic circulation and service needs when fully developed and populated. Variances may be granted subject to the approval of a site plan and the following provisions:
(i) The plan shall cover an area of not less than five acres.
(ii) Parks or open space platted within the large scale development plan shall be:
(A) Retained in title and maintained by the developer for the benefit of the residents through fees, lease arrangements or other acceptable methods; or
(B) Deeded to an organization composed of the homeowners in the development and subsequently maintained by them.
(iii) Covenants, restrictions, financial guarantees, and other legal assurances to guarantee that the plan will be followed and developed shall accompany the plat.
(3) Variances may be authorized only after due notice has been given and acknowledged by the adjacent property owners.
(b) Data to Be Submitted.
(1) One copy of a site plan containing the following:
(i) Name of the subdivision, if any;
(ii) Written and graphic scale at a minimum of 100 feet to one inch;
(iii) North arrow;
(iv) Date of preparation;
(v) Lot lines to the nearest foot;
(vi) Street dimensions to the nearest foot;
(vii) All structures, drives, sidewalks, parking and loading areas drawn to scale;
(viii) Utility location plan, overprinted on the site plan, showing the location and line sizes (where appropriate) of water, sewer, electric and gas lines, and fire hydrants;
(ix) A landscaping plan overprinted on the site plan setting forth the types of vegetation and other landscaping improvements;
(x) A site grading plan with proposed excavation and fill, if applicable; and
(xi) Zoning and existing densities on adjoining properties.
(2) A written statement containing the following:
(i) Gross acreage of the subdivision;
(ii) Acreage of streets, driveways and open parking and percentage of the total area of subdivision;
(iii) Acreage and percentage of open space;
(iv) Acreage of each lot;
(v) Acreage covered by buildings or structures and percentage of total acreage; and
(vi) Number and type of units.
(c) Amendment. The board may amend the requirements of these regulations after giving public notice of any such proposed amendment and after holding a public hearing thereon. [Ord. 719 § 2, 2008. Code 1999 § 17-2-12].