(A) General. Where the Commission finds that unnecessary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve waivers to these subdivision regulations so that substantial justice may be done and the public interest served, provided that the waivers shall not have the effect of nullifying the intent and purpose of these regulations, and further provided the Commission shall not approve waivers unless it shall make findings based upon the evidence presented to it in each specific case that the following apply:
(1) The granting of the waiver will not be detrimental to the public safety, health, or welfare or injurious to other nearby property.
(2) The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not applicable generally to other property.
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship or practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out.
(4) The waiver will not in any manner contravene the provisions of the Zoning Ordinance, Comprehensive Plan, or official map as interpreted by the Commission and the Planning Director.
(B) Conditions. In approving waivers, the Commission may require conditions to, in its judgment; secure substantially the objectives of the standards or requirements of these regulations.
(C) Procedures. A petition for any waiver shall be submitted in writing by the applicant at the time when either the primary or secondary plat is filed for consideration by the Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. 5-2009, passed 3-9-09)