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)