10-8-5: WAIVER:

   A.   The Board, in a specific situation, may approve a waiver from strict compliance with a design standard in section 10-5-3 or infrastructure improvement standard in section 10-5-4 of this title if an applicant can demonstrate to the satisfaction of the Board that the proposed waiver:

      1.   Is based on conditions unique to the property in question and not applicable generally to other property;

      2.   Is not detrimental to the public health, safety or welfare;

      3.   Is not injurious to the property of others; and

      4.   Does not, in any way, vary or nullify in any way any other provision of this code or the zoning map.

   B.   The applicant must also demonstrate that one of the following is true:

      1.   Strict compliance with the standard, because of the particular physical characteristics, surroundings or topographic features of the property in question, would result in an undue hardship not the result of an action by the applicant; or

      2.   The purposes of these regulations and the intent of the Comprehensive Plan are better served by an alternative proposal.

   C.   In granting a waiver or modification, the Board may require conditions to substantially secure the general objectives of the standards waived or modified.

   D.   Other federal, state or local agencies also may have jurisdiction over the subject matter of a waiver request that will require written approval prior to the granting of a waiver. (Ord. 2023-10, - -2023: Ord. 98-8, 10-5-1998)