Lindsay Municipal Code § 17.36 Modifications And Appeals

Whenever the land involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider fully to conform to the regulations contained in this title, the planning commission may recommend and the city council may permit such modification thereof as may be reasonably necessary if the modifications are in conformity with the spirit and purpose of the Subdivision Map Act and this title. Application for any such modification shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with or after the filing of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission finds the following facts with respect thereto:

1. That there are special circumstances or conditions affecting the property;
2. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
3. That the granting of the modification will not be detrimental to the public welfare or safety, or injurious to other property in the territory in which the property is situated.

(Ord. 341 § 1 (19.9.100), 1979)

Whenever a planned community or planned unit district has been approved, the planning commission may recommend and the city council may permit modifications of the regulations contained in this title as may be necessary, in accordance with the criteria established in the zoning ordinance.

(Ord. 341 § 1 (19.9.200), 1979)

Each proposed modification shall be referred to the officer of the department under whose jurisdiction the regulation involved comes and the officer or department shall transmit to the planning commission his or its written recommendation, which recommendation shall be reviewed, prior to the recommending of any modification.

(Ord. 341 § 1 (19.9.300), 1979)

In recommending the exception, the planning commission shall secure substantially the objectives of the regulations to which the modifications are granted, as to light, air and public health, safety, convenience and general welfare.

(Ord. 341 § 1 (19.9.400), 1979)

In recommending the authorization of any modification under the provisions of this section, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated.

(Ord. 341 § 1 (19.9.500), 1979)

Upon receipt of the report, the city council may by resolution authorize the planning commission to approve the tentative map with the modifications and conditions the city council deems necessary to substantially secure the objectives of this title.

(Ord. 341 § 1 (19.9.600), 1979)

Appeal may be made from any decision, determination or requirement of the planning commission or city engineer by filing a notice thereof in writing with the city clerk within fifteen days after the decision or determination or requirement is made. The notice shall set forth in detail the action and grounds upon which the subdivider deems himself aggrieved.

(Ord. 34:1 § 1 (19.9.700), 1979)

The city clerk shall report the filing of the notice to the planning commission and the city engineer. A written report shall be submitted to the city council by the one whose decision, determination or requirement is being appealed, not later than the date set for hearing the appeal.

(Ord. 341 § 1 (19.9.800), 1979)

The city council shall, not later than its next regular meeting following the filing of the appeal, set the appeal for hearing to be held within twenty-one days thereafter and the hearing may for good cause be continued by order of the city council. Written notice of the date set for hearing the appeal shall be mailed by the city clerk to the subdivider within five days after the fixing of the hearing date by the council. Upon hearing of the appeal, the city council may overrule or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this title and the disposition of the appeal shall be final.

(Ord. 341 § 1 (19.9.900), 1979)