§ 45-22. Exceptions and modifications.

Where, in the judgment of the Village of Mukwonago Village Board, it would be inappropriate to apply literally the provisions of this section due to exceptional circumstances, the village board may waive or modify any requirement to the extent deemed just and proper on a case by case basis after receiving and considering a recommendation from the Village of Mukwonago Plan Commission. No exception or modification to the provisions of this section shall be granted unless the village board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:

(a)

Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this section would result in a severe burden. (Such circumstances should not apply generally to other properties or be of such a recurrent nature as to suggest that the Land Division Ordinance should be changed).

(b)

Preservation of property rights. That such exception or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.

(c)

Absence of detriment. That the exception or modification will not create substantial detriment to adjacent property, the desirable general development of the village and its environs, and will not materially impair or be contrary to the purpose and spirit of this section, or the adopted Village of Mukwonago Comprehensive Plan or adopted plan components, or the public interest.

(Ord. No. 934, § I, 7-18-17)