Sec. 23-48.  Modification of requirements.


Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual condition that the strict application of the requirements contained in these regulations would result in actual difficulties or substantial hardship or injustice, as distinguished from variations for purposes of convenience, profit or caprice, the council, after report by the commission, may vary or modify such requirements so that the developer may develop his property in a reasonable manner, but so that at the same time, the public welfare and [interests of the city and surrounding area are protected and] the general intent and spirit of these regulations preserved.


The minimum improvements set forth in this chapter shall be required unless specifically and individually waived by resolution of the city council or exempted pursuant to Sec. 23-42 herein.  If waived, the resolution shall be filed of record against the subject property at the expense of the property owner and shall run with the land.  The waiver of minimum subdivision improvements as provided for by section 23-45 et seq., of Article III, Norfolk City Code, shall be also applicable to all subdivisions platted prior to the effective date of Ordinance 3077, passed and approved July 19, 1982.  Upon notification that any previously-waived requirement has been installed by an owner or developer, and after verification by the city that the original requirement has been met, the city shall file an affidavit of record stating that the original requirement has been met and the waiver is no longer in place.


A fee set forth in Section 2-5 of this Code shall accompany each request of waiver of minimum subdivision improvements. 


Source:  Ord. No. 3077, § 5, 7-19-82; Ord. No. 3136, § 4, 4-18-83; Ord. No. 4868, § 3, 1-17-06; Ord. No. 5135, § 14, 9-7-10; Ord. No. 5781, § 2, 5-16-22;

Note--See editor’s note, § 23-45.