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A. Where, in the opinion of the council, and after review by the zoning administrator or the planning and zoning commission, there may exist extraordinary conditions of topography, land ownership or adjacent development, or other circumstances not provided for in this title, the council may modify these provisions in such a manner and to such extent as it may deem appropriate to the public interest.

B. In the case of a plan and program for a Planned Area Development (PAD), the council may modify this title in such manner as appears necessary and desirable to provide adequate space and improvements for the circulation, recreation, light, air, and service needs of the development when fully developed and populated and may require stipulations to assure conformance with the achievement of the approved plan.

C. In modifying the standards or requirements of this title, as outlined above, the council may make such additional requirements as appear necessary to secure substantially the objectives of the standards or requirements so modified.

D. With an approval of, or amendment to, a rezoning, the city council may approve modifications to the requirements and specifications required if the city engineer recommends approval of the modification. The city engineer, in consultation with the director of economic and community development, may recommend the elimination, reduction, or approval of alternatives to the requirements and specification required by this title. If the city engineer recommends approval of such modification, the recommendation, which may be subject to conditions or stipulations, shall be forwarded to the planning and zoning commission for recommendation to the city council. City council may approve the modification as recommended. The city engineer’s recommendation shall be based upon a finding that the modification:

1. Is consistent with the intent of these regulations;

2. Will result in an equivalent level of service for health, safety and welfare to the general public;

3. Will result in adequate improvements that meet the city’s needs;

4. Is not contrary to the public interest.

E. Minor modifications as determined on a case by case basis by the director of economic and community development may be administratively processed through the city engineer, zoning administrator or the board of adjustment to provide clarifications and amendments. [Ord. 20-11 §2(14-2-6); Res. 20-31.]