(A) Authority. The Plan Commission may, in its discretion, authorize and approve subdivision and Overlay District waivers from the requirements and standards as specified in Chapters 6 and 8.
(B) Application.
(1) At the time of filing a subdivision application, consistent with this ordinance, the applicant must submit a detailed written statement documenting all waivers requested as part of the application and reasons for the waiver request(s) consistent with the decision criteria outlined in § 9.23(A)(4). The waiver requests may be modified and added to by the applicant at any time prior to public notice of the subdivision request being provided.
(2) 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.
(3) The applicant ay be asked to submit additional information as required to evaluate the application.
(4) The Planning and Building Department and the Technical Assistance Committee shall review the application and supporting documents for conformity with the unified development ordinance.
(C) Plan Commission. Upon completing the review, the requested waiver(s) shall be heard at the Plan Commission in conjunction with the primary plat.
(1) Responsibility. The petitioner shall be responsible for publishing and mailing public notice and returning proof of mailed published notice pursuant to the Plan Commission Rules of Procedure and § 9.15 of this ordinance.
(2) Limitations. Only those waivers specifically described in the public notice may be considered by the Plan Commission.
(3) Conditions. Waivers may only be granted in a public hearing, and shall be considered at the time of the primary plat review by the Commission. The Commission may make reasonable conditions an element of any waiver approval.
(4) Granting of waivers. The Commission may grant waivers to the requirements and standards of this ordinance as will not be contrary to the public interest, where owing to extraordinary conditions, fully demonstrated by the applicant on the basis of facts presented, strict compliance with the provisions of this ordinance would result in unnecessary hardship or misuse of property.
(5) Criteria for waivers. In the exercise of its authority under this section, the Plan Commission shall grant waivers only upon finding all of the following:
(a) The waiver will not be detrimental to the public health, safety or general welfare;
(b) The waiver will not adversely affect adjacent property;
(c) The waiver is justified because of exceptional topographic or other physical conditions unique to the property involved and is not to correct mere inconvenience or financial disadvantage;
(d) The waiver is consistent with the intent of this and other applicable ordinances and the comprehensive plan;
(e) The condition necessitating the waiver was not created by the owner or applicant;
(f) The waiver will not conflict with the powers and duties of the Board of Zoning Appeals as defined by this ordinance; and
(g) The practical difficulties cannot be overcome through reasonable design alternatives.
(D) Decision.
(1) The Plan Commission shall:
(a) Approve the petition;
(b) Approve the petition with conditions and/or commitments;
(c) Deny the petition; or
(d) Continue the petition to a definite future meeting date.
(2) In approving waivers, the Commission may impose those conditions as will, in its judgment, substantially secure the objectives of these regulations.
(3) With respect to each requested waiver and each imposed condition, the Commission shall prepare and approve written findings of fact. These findings shall address each of the conclusory findings set forth in subsection (A) above and shall cite the specific facts that support each of the conclusory findings and that support each of the imposed conditions.
(4) The Commission’s decision to grant or deny a modification or to impose a condition is discretionary.
(E) Commitments; acceptance. In conjunction with the approval of a subdivision waiver, the Plan Commission may permit or require the petitioner to make written commitments concerning the use or development of the parcel.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Citation for written commitment violations, see Title XV, § 10.4