§ 152.024 WAIVERS.
   (A)   General. Where the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with this chapter and/or the purposes of the regulations in this chapter may be served to a greater extent by an alternative proposal, the City Council may approve waivers to these subdivision 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; and further provided that the City Council shall not approve waivers unless it shall make findings based upon 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 property located in the vicinity of the property in question;
      (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 letter of the regulations in this code is carried out; and
      (4)   The waivers will not in any manner vary the provisions of Chapter 153 of this code (zoning regulations), as amended, unless a zoning variance change or conditional use has previously been granted by the City Council.
   (B)    Conditions. In approving waivers, the City Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this code.
   (C)   Procedures. A petition for any waiver shall be submitted in writing by the owner at the time when the preliminary plan is filed for the consideration of the Planning and Zoning Board. The petition shall state fully the grounds for the application and all facts relied upon by the petitioner. The Planning and Zoning Board may recommend waivers from the regulations of this code in specific cases which, in the Planning and Zoning Board’s opinion, meet the standards for granting waivers as provided in this section.
(Am. Ord. 2014-36, passed 9-8-2014)