The planning and zoning commission may recommend and the city
council may authorize a waiver from these subdivision regulations
when, in its opinion, an unnecessary hardship will result from requiring
strict compliance.
(Ordinance 2018-08 adopted 8/16/18)
(a)
In granting a waiver, the city council may prescribe conditions that
it deems necessary or desirable to protect the public interest. In
making the findings herein below required, the city council shall
take into account the nature of the proposed use of the land involved,
existing uses of land in the vicinity, and the probable effect of
such waiver upon traffic conditions and upon the public health, safety,
convenience and welfare in the vicinity. No waiver shall be granted
unless the council finds that all of the following conditions exist:
(1)
That there are special circumstances or conditions affecting the
land involved such that the strict application of the provisions of
this division would deprive the applicant of the reasonable use of
his land;
(2)
That strict application of the provisions of this division is not
necessary to promote the public health, safety and welfare;
(3)
That the granting of the waiver will not be detrimental to the public
health, safety or welfare, or injurious to other property in the area;
(4)
That the granting of the waiver will not have the effect of preventing
the orderly subdivision of other land in the area in accordance with
the provisions of this division; and
(5)
That the granting of the waiver will be in harmony with the spirit
and purpose of this division.
(b)
Waivers may be granted only when in harmony with the general purpose
and intent of this division so that the public health, safety and
welfare may be secured and substantial justice done. Pecuniary hardship
to the landowner, standing alone, shall not be deemed to constitute
unnecessary hardship.
(Ordinance 2018-08 adopted 8/16/18)
The planning and zoning commission, in the recommendation of
a waiver to the city council, shall submit all the specific facts
and pertinent data upon which such a waiver has been recommended.
Any waiver granted by the city council, after considering the material
submitted by the planning and zoning commission, shall be final.
(Ordinance 2018-08 adopted 8/16/18)
