(a) PURPOSE. The waiver and modification procedures of this section establish the process and review criteria for approval of waivers and modifications of infrastructure and public improvement standards, as distinct from “Variances.”
(b) APPLICABILITY. All property owner requests for relief from strict compliance with the infrastructure and public improvement standards of Article IV, Division 2, must be processed as waiver or modification requests in accordance with the provisions of this section.
(c) PROCESS. Preliminary subdivision plats that include requests for waivers or modifications must be processed in accordance with Sec. 35-2210(e), including review and recommendation by zoning administrator, city engineer and Plan Commission and final decision by the City Council. If preliminary subdivision plat approval is not required for the proposed infrastructure or public improvement, the waiver or modification request shall be decided by the City Council after application and review and recommendation by zoning administrator and/or city engineer, as determined by adopted policy or procedures in place.
(d) APPROVAL CRITERIA. In order to be approved, the applicant must demonstrate that the requested waiver or modification:
(1) Will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the neighborhood in which the subject property is located;
(2) Is the result of conditions that are unique to the subject property, and that these conditions are not self-created, and that the applicant had no knowledge of the impact of the regulations on the development of the property at the time of the property’s purchase.
(Ord. No. 3009-2015; Article II repealed in its entirety; new Article II enacted; 03/24/15)