(A) General. Where the Commission finds that extraordinary 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, the Commission may approve waivers to these subdivision regulations so that substantial justice may be done and the public interest secured, 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 findings shall be made based upon the evidence presented to the Commission in each specific case that:
(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 to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
(4) The waiver will not in any manner conflict with the provisions of the Zoning Ordinance or comprehensive plan as interpreted by the Plan Commission; and
(5) Waiver modifications submitted in writing to the Commission shall be referred immediately to the appropriate participating jurisdiction for its approval or rejection. If the participating jurisdiction approves of the modifications in writing or fails to either approve or disapprove by the stipulated deadline, the Commission may modify the requirement, standards and specifications so as to promote the public health, safety, and welfare, and prevent detriment to the use and value of the land, provided however, that nothing herein shall be construed as altering or conflicting with the duties of the Board of Zoning Appeals pursuant to I.C. 36-7-4-900 et seq., as currently amended. No authority to modify shall exist in the Commission if the appropriate participating jurisdiction by writing disapproves the modification.
(B) Conditions. In approving waivers, the Commission may require such conditions as will, in the Commission's judgement, secure substantially the objectives of the standards or requirements of these regulations.
(C) Procedures. A petition for any such waiver shall be submitted in writing by the subdivider at the time when the primary plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner. The deadline for submitting waiver petition applications is the same as for primary plat applications.
(Prior Code, § 153.012) (Ord. 1670, passed 6-11-1996)