§ 154.003 WAIVERS.
   (A)   The Town Council may grant waivers to provide relief from one or more of the requirements of this chapter so that substantial justice may be done and the public interest secured where extraordinary and unnecessary hardships may result from strict compliance.
   (B)   The Town Council may grant waivers to provide relief from one or more of the requirements of this chapter due to special circumstances of a particular plan or specifications if those requirements are not in the best interest of the public health, safety, or general welfare, or are otherwise inappropriate in the particular circumstance presented.
   (C)   If at any time before or during construction, it is demonstrated to the satisfaction of the Town Council that unforeseen conditions make it necessary or preferable, consistent with the purpose of this chapter, to modify the location or design of the construction, the Town Council may authorize such modifications provided that these modifications are within the spirit and intent of the original approval and do not amount to a waiver or substantial alteration of the function of any of the requirements imposed under either this chapter or the approval previously granted. The Town Council or its designee shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Clerk-Treasurer.
   (D)   In granting waivers and modifications of the requirements of this chapter, the Town Council shall require such conditions as will nonetheless substantially secure the objectives of the requirements so modified.
   (E)   All such approved waivers and modifications of the requirements of this chapter shall be noted on “as built” plans filed at the town office.
(2011 Code, § 154.04) (Ord. 2007-02, passed 3-5-2007)