Sec. 27-280.06.  Waivers.


As part of an application for development, a request may be made for a waiver of any of the provisions of this division.  The request shall be heard by the planning commission in determining if any such provision be waived, modified or applied as written.  The planning commission shall hold a quasi-judicial hearing on the requested waiver.  The criterion for granting a waiver or modification of any of the provisions of this division is whether the strict interpretation of the requirements of this division places an inordinate burden on the property owner.  No waiver shall be granted unless the planning commission finds: (a) the strict application of the overlay regulation would produce undue hardship, a possible hardship example being an existing residential structure damaged over 50% by fire, explosion or act of God; (b) such hardship is not shared generally by other properties in the same overlay district and the same vicinity; (c) the granting of such waiver will not be of substantial detriment to adjacent property and the character of the overlay district will not be changed by the granting of the waiver; and (d) the granting of such waiver is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice.  The waiver procedure herein is the exclusive remedy to the application of the provisions of this division and is to be utilized in lieu of an application to the Board of Adjustment for a variance. 


Source:  Ord. No. 5489, 1, 9-05-2017