[Amended 6-21-2022 by Ord. No. 1965]
A. Granting of waivers; conditions. The Planning Commission may recommend, and the City Council may grant, waivers from the regulations in this chapter, provided that no waiver of §
170-11, §
170-12, §
170-32B or §
170-37 shall be granted nor any other regulation which is required by applicable state or federal law. In order for the Planning Commission to recommend any such waiver and the City Council to approve the same, each such body must first determine that:
(1) There are unique circumstances or conditions affecting the property
in question that are not the result of the actions of the subdivider.
(2) The waiver is necessary for the reasonable and acceptable development
of the property in question.
(3) The granting of the waiver in such circumstances shall not be detrimental
to the public welfare or injurious to adjacent property.
(4) The granting of the waiver meets all specific criteria identified
within the applicable regulation.
B. Recording of plat. In no event shall the requirement of filing and
recording a plat for a particular subdivision be waived for such subdivision
to be valid.
C. Planned unit development. The City Council, with the recommendation
of the Planning Commission, may also grant reasonable waivers to these
regulations if the subdivider concurrently submits an application
for, and obtains approval of, a planned unit development. The subdivider
shall indicate where plans vary from these regulations and shall present
sufficient evidence to support the request, indicating why the request
shall not be detrimental to the public health, safety and welfare.
D. A subdivider requesting a waiver of any regulation in this chapter
shall submit said request in writing to the Planning Department prior
to submission of the preliminary plat to the Planning Commission for
review and recommendation to the City Council. The request for waiver
shall include a list of all requirements for which a waiver is sought
by reference to the section numbers and the descriptive headings that
appear in these regulations.