It is the intent of this Section, when appropriate and when a specific case of hardship is shown, to allow a waiver from the strict compliance with the provisions of this Title. It is recognized that restrictions governing the subdivision of land may not, under some specific circumstances, be fairly and equally applied to unusual or abnormal subdivision conditions. Further it is the intent of this Section to establish weighting criteria to determine the validity of a specific hardship upon which requests for waivers can be considered. Waivers are not intended to be used as a means of circumventing or evading the purposes of this Title or any other requirement which regulates the subdivision of land.
A. Criteria: Where, upon the recommendation of the Plan Commission, if the City Council finds that all the conditions set forth below justify the granting of a waiver from strict compliance with this Title's provisions, and where the purpose of these regulations to foster growth and to protect the public's essential interest is served thereby, the City Council may approve such waivers, if:
1. Due to existing conditions, there are site specific difficulties in complying with these regulations. This change shall only apply to existing conditions which are not generally applicable to other properties; and
2. The granting of any waiver will not cause significant adverse effects on the public health, safety and welfare; and
3. Sufficient evidence is shown to both the Plan Commission and City Council that the waiver will benefit the public health, safety and welfare. The City Council must make a finding that due to physical surroundings, vegetation, parcel shape or topographical conditions of the specific property involved, an alternative proposal will better serve the public's interest; and
4. The proposed waiver supports and fosters implementation of the goals, objectives and policies represented in the official plan, as amended, for the City; and
5. The proposed waiver is the minimum deviation from the requirements that will alleviate the difficulties; and
6. The plight of the applicant is due to peculiar circumstances not of the applicant's own making.
B. Granting Of Waivers: Waivers shall be granted only as to the provisions of Chapters 3, 4 and 5 of this Title. Furthermore, no waiver is available to a subdivision as a matter of right. (Ord. 6104, 12-18-1996)