A.
Conditions under which modifications may be granted. The provisions of this chapter are intended as a minimum standard for the protection of the public health, safety and welfare. If the literal compliance with any mandatory provision of this chapter is shown by the applicant, to the satisfaction of a majority of the members of the Commission present at a public meeting, to be unreasonable and to cause undue hardship because of peculiar conditions pertaining to the particular property, and if the applicant shows that an alternative proposal will allow for equal or better results and represents the minimum modification necessary, the Commission may recommend the Council grant a modification or waiver from such mandatory provision, so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a modification or waiver shall not have the effect of making null and void the intent and/or purpose of this chapter.
B.
Application requirements. All requests for waivers shall be made in accordance with the following procedure:
(1)
All requests for a modification or waiver shall be made in writing and shall be made prior to or shall accompany and be a part of the application for development. The request must be accompanied by any required fee. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the section or sections of this chapter which are requested to be waived, and the minimum modification necessary. If not a part of the application for another type of plan in this chapter, the request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see Article VII).
(2)
Should a revision to a submitted plan require a modification or waiver which was not apparent at the time of initial plan submission, the request for a waiver shall be submitted in accordance with Subsection B(1) above at the time of submission of the revised plans.
(3)
Requests for modifications or waivers shall be considered by the Council at a public meeting which is at least seven days after the submission of the modification or waiver request, and which has been reviewed by the Commission at a public meeting.
C.
Action on modification applications. At a public meeting, the Council shall review the request in accordance with the requirements in Subsection A. The applicant shall demonstrate that an alternative proposal will allow for equal or better results and represents the minimum modification necessary. If the Council determines that the applicant has met this burden, it may grant a waiver from the literal compliance with the terms of this chapter. In granting waivers, the Council may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter.
D.
Records. The Council shall keep a written record of all action on all requests for modifications.