(A) An applicant may request a waiver from the standards as contained in this subchapter. As part of the waiver request, the applicant shall have the burden of proof in showing that there will be no adverse impact upon the neighborhood or general area by the granting of the waiver.
(B) In granting a waiver, the Commission shall consider the following:
(1) The special circumstances of the proposed use;
(2) Site constraints that would make compliance economically unfeasible;
(3) The neighborhood and the general development patterns of the surrounding properties and the prospects for development in the near future;
(4) Whether the development as proposed would serve the purpose of enhancing the public welfare and safety; and
(5) The guidelines listed in the specific development criteria and targeted planning areas of the comprehensive plan.
(C) The Commission may also consider other factors it may deem relevant in making its decision. A waiver of any of the requirements of this chapter does not exempt the development from any other requirements of the chapter.
(D) Waivers granted shall be for the specific use. Should the use be substantially altered (greater than a 50% change in either the building, parking, landscaping), the developer must obtain new waivers or comply with the sections of this chapter.
(Ord. 06-2008, passed 6-16-2008, § 4.6; Ord. 08-2009, passed 7-6-2009)