A. Modification Of Requirements: Upon recommendation of the commission, the Council may vary, modify or waive the requirements of chapter 4, "Design Standards And Required Improvements", of this title, provided one (1) of the following qualifying circumstances are met:
1. If the subdivider can demonstrate that strict compliance with the requirements of this title would result in extraordinary hardship because of excessive costs due to non-self-inflicted conditions; and if the subdivider can demonstrate that strict compliance with the requirements of this title would conflict with the objectives of these subdivision regulations and the Mason City Comprehensive Plan; or
2. If a subdivider can demonstrate that strict compliance with the requirements of this title would result in subdivision design that would compromise public health or safety, or could result in the substantial degradation of natural features.
3. Notwithstanding the above, the Council may not approve a waiver that is in conflict with the requirements of title 12 of this Code, unless a variance has been approved by the Zoning Board of Adjustment as prescribed in title 12 of this Code.
B. Criteria For Council Action: The Council may act to vary, modify or waive a requirement only if it finds that the public safety and interest is protected and that such variance, modification or waiver will not hinder development of neighboring properties and that the variance, modification or waiver will not nullify the intent or purposes of this title or of other titles of this Code. (Ord. 15-3, 6-2-2015)