The Plan Commission or Plat Committee may grant such waivers to the requirements and standards of this chapter as will not be contrary to the public interest, where owing, to extraordinary conditions, fully demonstrated by the subdivider on the basis of facts presented, strict compliance with the provisions of this chapter will result in practical difficulties or misuse of property.
(A) In the exercise of its authority under this section, the Plan Commission or Plat Committee shall grant waivers only upon finding one of the following:
(1) The waiver will not be detrimental to the public health, safety, or general welfare;
(2) The waiver will not adversely affect adjacent property;
(3) The waiver is justified because of exceptional topographic or other physical conditions unique to the property involved and is not to correct mere inconvenience or financial disadvantage;
(4) The waiver is consistent with the intent of this and other applicable ordinances or the Comprehensive Plan;
(5) The condition necessitating the waiver was not created by the owner or applicant; or
(6) The waiver will not conflict with the powers and duties of the Board of Zoning Appeals, as defined by the Zoning Ordinance.
(B) Any request for waivers from the standards of this chapter shall be submitted in writing as part of the application for approval of a subdivision. The request shall make specific reference to the section of the ordinance from which the waiver is requested and shall state the reasons for the request, addressing the criteria in this section.
(C) In approving or denying a modification request, the Plan Commission or Plan Committee shall make specific findings on each of the criteria in this section. If the Plan Commission or Plan Committee approves a waiver request, it may impose such conditions as it deems necessary and proper to carry out the intent and purposes of this chapter.
(D) All waivers must go before the Plan Commission or Plat Committee for a public hearing within 30 days of application, and notifications shall be given by publication pursuant to I.C. 5-3-1
and to all interested parties by certified mailing post marked ten days prior to hearing and shall be given by, and at the cost of, the petitioner
(Prior Code, § 152.118) (Ord. 87, passed 4-18-1988; Ord. 2015-04, passed 4-20-2015)