§ 153.378  WAIVERS AND MODIFICATIONS.
   (A)   The Planning Board or City Council shall have the authority to waive or modify the terms of this chapter as the terms apply to the plat approval process on a case-by-case basis after having first held a public hearing and having found in the affirmative each of the following findings:
      (1)   There are special circumstances or conditions affecting the property so that the strict application of the provisions of this chapter would deprive the subdivider of the reasonable use of his or her land;
      (2)   The modification is necessary for the preservation of a substantial property right of the petitioner;
      (3)   The circumstances giving rise to the need for the modification are peculiar to the subdivision and are not generally characteristic of other subdivisions; and
      (4)   The granting of the modification will not be detrimental to the public’s health, safety and welfare or injurious to other properties in close proximity to the subdivision site.
   (B)   Notice of the public hearing shall be provided in the following manner:
      (1)   The city shall send notice by first class mail to the applicant and to owners of all contiguous pieces of property at least ten working days prior to the public hearing. The notice shall indicate the nature of the public hearing and the date, time and place where it is to occur;
      (2)   Notice shall also be posted by the city in a conspicuous location in the City Hall at least ten working days prior to the public hearing. The notice shall indicate the nature of the public hearing and the date, time and place where it is to occur; and
      (3)   A conspicuous sign shall also be posted by the city in a conspicuous location on the subject property at least ten working days prior to the public hearing. The notice shall indicate the nature of the public hearing and the date, time and place where it is to occur.
   (C)   The public hearings can be held at the same time as the meeting at which the Planning Board or City Council holds to consider plat approval. The decision to issue a waiver or modification on a plat may only be made by that body given the authority to approve the plat. If the Planning Board makes the decision, the City Council shall have no authority to override or modify the Planning Board’s decision.
   (D)   Waivers and modifications, as called for in § 153.386, shall not be subject the requirements of this section.
(Prior UDO, § 17.8)