A. The applicant may request a waiver from one or more of the standards listed in section 9-4-6-9 of this chapter or from the height and parking requirements of sections 9-4-6-4 and 9-4-6-7 of this chapter. All requests for waivers shall be heard and decided by the planning commission or such design review subcommittee as may be created for such purpose. A waiver shall not be considered a right or special privilege but may be granted to an applicant that can meet the following findings:
1. That the granting of the waiver will not be in conflict with the intent of the substandard lot ordinance, shall not negatively impact the existing neighborhood and shall enhance the overall design quality of the project;
2. That there is an exceptional circumstance relating to the design or configuration of the property, which is not generally applicable to other properties or otherwise anticipated by the standards in the district.
3. The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property, improvements or the quiet enjoyment of the surrounding properties and neighborhood.
4. The granting of such relief will not be in conflict with the goals and policies of the comprehensive plan. (Ord. 1263, 12-29-2011)