The Area Plan Commission shall not approve waivers unless it shall make written findings based upon the evidence presented to it in each specific case that:
(A) The granting of the waiver will not be detrimental to the public safety, health, or welfare, or injurious to other property;
(B) The conditions upon which the request for a waiver is based are unique to the property for which a waiver is sought and are not applicable generally to other property;
(C) 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 these regulations are carried out;
(D) The waiver will not contravene the provisions of the town Zoning Ordinance or the Comprehensive Plan; and
(E) Where the waiver impacts on the design, construction, or maintenance obligations of public facilities, that the appropriate public agency has reviewed and approved the proposed development in writing to the Area Plan Commission.
(Ord. 1223, § 4.3, passed 5-11-2010)