A. The following regulations are applicable generally to all property within the City as set forth herein.
B. Waivers.
1. The Commission may, in its discretion, authorize and approve waivers from the requirements and standards of the generally applicable regulations in this Ordinance upon a finding that:
a. The approval of the waiver request will not be detrimental to the public safety, health, and welfare, or injurious to property within a reasonable proximity to the subject property involved in the waiver request.
b. The strict application of the applicable Ordinance standard will result in practical difficulties in the development due to the particular physical surroundings, unique constraints, or topographical conditions of the subject property. These conditions will not substantially alter the character of the subject district or zone.
c. The practical difficulties were not self-imposed and cannot be overcome by reasonable design alternatives. Financial hardship does not constitute a practical difficulty.
d. The waiver request is necessary and represents a minimal deviation from explicit Ordinance standards.
2. In approving waivers, the Commission may impose such conditions as will, in its judgment, substantially secure the objectives of these regulations.
3. Applications for waivers shall be submitted to the Commission with application forms as prescribed by the Plan Commission. On the application, the applicant shall describe the requested waivers and shall submit proposed findings of fact in support of each requested modification. The applicant shall bear the burden of establishing a sufficient factual basis for each requested modification.
(Ord. 20-29, § 2, 9-21-20)