(A) When the Plan Commission finds that a better design is achieved, and the intent of these regulations may be served to a greater extent by an alternative proposal, it may approve a waiver from standards set forth in this chapter so that the public interest is served, provided that such waiver does not lessen the intent and purpose of this chapter.
(B) The Plan Commission has sole jurisdiction of waivers to this chapter.
(C) The Plan Commission shall not approve waivers unless it makes written findings based upon the evidence presented to it in each specific case such that:
(1) The granting of the waiver will not be detrimental to the public safety, health or welfare, or injurious to other property;
(2) The conditions upon which the request for waiver is based are unique to the property for which a waiver is sought and are not applicable generally to other properties;
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a hardship to the owner would result if the strict letter of these regulations were carried out. A hardship is distinguished from a mere inconvenience; and
(4) The waiver will not contradict the intent of the Kokomo Zoning Ordinance or comprehensive plan.
(D) If the waiver impacts the design, construction or maintenance of public facilities, the appropriate public agency shall review the proposed waiver and provide input to the Plan Commission.
(E) Procedure for review of waiver requests is as follows:
(1) At the time of filing a subdivision plat, the petitioner must submit a detailed written statement of all waivers of this chapter sought which shall fully state the grounds for the request and file detailed written findings of fact in support of such waiver request.
(2) Only those standards specifically described in the request may be waived by the Plan Commission.
(3) Waivers may only be granted in a public hearing process.
(Ord. 6405, passed 4-10-06)