1.12 Waivers from the Subdivision Regulations

Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with the design standards contained in these regulations, or the purposes of these design standards may be served to a greater extent by an alternative proposal that deviates significantly from the literal interpretation and intent of these design standards, it may approve waivers to the design standards, provided that all of the following criteria are met:

 

• The granting of the waiver will not be detrimental to the public safety, health, or welfare to the community or injurious to other properties.
• The granting of the waiver will not be in conflict with the provisions of the Comprehensive Zoning Ordinance (as may be modified through the variance process) or the Master Plan.
• The modified requirement imposed by the City Planning Commission is more appropriate given the characteristics of the property, its context, and the objectives of these regulations.

 

Petition for waiver from these regulations may be made by written request of the applicant, stating fully the grounds for the request and the facts relied upon by the petitioner. 

 

The City Planning Commission has no authority to grant waivers of requirements of the Comprehensive Zoning Ordinance, except where explicitly authorized by Article 2 of these regulations.