(A) Where the Plan Commission and Town Council both find that extraordinary hardships or practical difficulties may result from strict compliance with this chapter and/or the purposes of this chapter may be served to a greater extent by an alternative proposal, the Plan Commission and Town Council may approve a request for waiver of provisions or requirements of this chapter so that substantial justice may be done and the public interest may be secured, provided that such waiver shall not have the effect of nullifying the intent and purpose of this chapter. The Plan Commission and Town Council shall not approve a waiver unless it shall make findings, based upon the 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 nearby property;
(2) The conditions upon which the request for a waiver are based are unique to the property for which the waiver is sought and are not applicable generally to other properties;
(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 this chapter is strictly adhered to; and
(4) The waiver will not, in any manner, contravene provisions of the Zoning Ordinance, Comprehensive Plan, or Zone Map, as interpreted by the Plan Commission.
(B) In approving waivers, the Plan Commission and Town Council may require such conditions as will, in its judgment, secure substantially the objectives of standards and requirements herein.
(C) The Plan Commission and Town Council’s decision to grant or deny a modification or to impose a condition is discretionary.
(D) Procedure.
(1) A petition for any such waiver shall be submitted in writing by the applicant to the Plan Commission staff at the time the primary plat is filed for consideration by the Plan Commission and Town Council.
(2) The petition shall state fully the grounds for the application and all facts relied upon by the applicant.
(Ord. 2018-003, passed 4-19-2018) Penalty, see § 153.99