(A) Where the Plan Commission finds that an extraordinary hardship or practical difficulty may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, the Commission may approve a waiver to these regulations so that substantial justice may be done and the public interest secured, provided that the waiver shall not have the effect of nullifying the intent and purpose of these regulations. Furthermore, the Plan Commission shall not approve a waiver unless it shall make findings based upon the evidence presented to it 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 compliance of these regulations is carried out; and
(4) The waiver will not in any manner violate the provisions of the Zoning Ordinance, Comprehensive Plan, or Thoroughfare Plan as interpreted by the Commission.
(B) The Plan Commission may impose reasonable conditions with a waiver that may be necessary to accomplish the purpose of these regulations.
(C) A request for a waiver shall be submitted in writing by the applicant with the application for primary approval. The written request shall state fully the grounds for the waiver as set forth in this section.
(Ord. passed 10-11-2004)