(A) The Plan Commission may consider and recommend, and the Council may grant, waivers to the provisions of this chapter. The Plan Commission and Council shall consider the following in recommending or granting waivers:
(1) Whether there are practical difficulties involved in carrying out the provisions of this chapter provided that the spirit and intent of these regulations shall be substantially observed and public welfare and safety be assured.
(2) Whether there are practical hardships in the way of carrying out the strict letter of any of these regulations.
(3) The comparative gain or loss to the public health, safety, and welfare, if any, in view of the subdivider's particular requests for a waiver, consideration can be given to the subdivision size.
(4) The imposition of conditions and requirements in addition to the provisions of this chapter including, but not limited to, the following:
(a) Landscaping.
(b) Parking.
(c) Lighting.
(d) Traffic regulation including, but not limited to, no street parking, one-side street parking, and one- way streets.
(e) That the remaining tract be submitted to the Plan Commission and Council before further subdivision or any construction or development.
(f) Submission to the Plan Commission or Council of sufficient evidence or showing that a waiver will produce the effects on the public health, safety, and welfare as represented by the subdivider.
(5) Whether the property to be subdivided will be used only for farming and related residential uses.
(6) Whether adequate right-of-way for streets and highways is available or may be provided.
(7) The proposed uses and plans for the development of the property.
(8) The desirability of an annexation or other agreement.
(9) The requirement of inclusion on a plat or deed, lease, or other document of conveyance of applicable conditions or restrictions.
(B) No waiver is available to a subdivider as a matter of right.
(C) The subdivider shall submit all requests for waivers for consideration pursuant to § 154.16.
(Ord. 81-0-19, passed 5-11-81; Am. Ord. 2011-O-4, passed 3-14-11)