1. Where, in the case of a particular proposed development, it can be shown that strict compliance with the requirements of the Ordinance results in extraordinary hardship to the applicant, because of unusual topography or other conditions, the Board of Supervisors, upon recommendation by the Commission, may waive the requirements so that substantial justice may be done and the public interest secured, provided, however, that such waiver will not have the effect of nullifying the intent and purpose of the Ordinance.
(Ordinance No. 208)
2. In determining whether a hardship exists, the Commission and Board of Supervisors shall refer to the legal principles established in Section 92.03(4).
3. In no case shall any waiver be more than a minimum easing of the requirements.
4. In no case shall approval of a waiver have the effect of reducing the traffic capacity of any street or be in conflict with any regulation contained herein or adopted by reference.
5. It shall be demonstrated by the applicant that variation of plans as proposed cannot be achieved through Section 88.16, Alternative Compliance.
(Ordinance No. 192)
6. Recommendation by the Commission on waivers must be by the affirmative vote of the majority of the Commission membership present. Failure of the Commission to arrive at a recommendation after due consideration shall be deemed a recommendation to deny the request for waiver.
(Ordinance No. 192)
7. In recommending waivers, the Commission may recommend such conditions that will, in its judgment, secure substantially the objectives of the requirements so waived to the Board of Supervisors. In so granting a waiver, the Board of Supervisors may impose such additional conditions as are necessary to secure substantially the objectives of the requirements so waived.