§ 156.007 HARDSHIP AND WAIVER.

   (A)   Hardship.

      (1)   Where it can be shown in the case of a proposed subdivision that strict compliance with the requirements of this chapter would result in extraordinary hardship because of unusual topography or other such conditions, thus inhibiting the achievement of the objective of this chapter, the developer may apply for a waiver. The waiver shall be for the purpose of providing substantial justice and the public interest is secured. The waiver shall not have the effect of nullifying the intent and purpose of this chapter or the Comprehensive Plan. The waiver shall be consistent with the Comprehensive Plan and shall not violate the Zoning Ordinance.

      (2)   The following is a list of conditions that do not constitute a hardship: Cost of the requirements; economic status of the applicant; physical status of the applicant; lack of improvements on surrounding properties. This list is not all-inclusive. There are other conditions that do not constitute a hardship.

   (B)   Application. The developer shall prepare a statement accompanying the application for preliminary plat (§ 156.041) or application for final plat (§ 156.061) listing all sections of this chapter in which a waiver is being sought. The statement shall also state the nature of the hardship.

   (C)   Waiver.

      (1)   The City Council, after receiving a recommendation of the Planning and Zoning Commission, may vary, modify or waive the requirements of this chapter. Waivers of this chapter shall be consistent with the Comprehensive Plan and shall not violate the Zoning Ordinance.

      (2)   All waivers must be requested and approved prior to the recording of the final plat.

(Ord. 2217, passed 11-4-2013)