Chapter 16.40
WAIVERS, DEVIATIONS AND DEFERRALS

Sections:

16.40.010    Waivers, deviations and deferrals.

16.40.010 Waivers, deviations and deferrals.

There is established a procedure for granting waivers, deviations and deferrals of the regulations contained in this title, as follows:

(a)    Any subdivider can make application to the planning commission for a waiver of, deviation from or deferral of any provision contained in this title, provided the request is received concurrently with the proposed subdivision or dedication. Such application shall include any and all details necessary to support the application. All waiver, deviation and deferral requests must be forwarded to the city council with the preliminary plat and with the planning commission’s findings, conclusions and recommendations.

(b)    The planning commission shall not grant a waiver, deviation or deferral of the subdivision regulations unless it shall find that the following condition exists in each case of a request:

(1)    Where, because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existence of unusual physical conditions, the strict compliance with the provisions of this title would cause an unusual and unnecessary hardship on the subdivider, the planning commission may waive, defer or deviate from the requirements set forth in this title.

(2)    In granting waivers, deviations and deferrals, the planning commission may require such conditions as will secure, insofar as practicable, the objectives of the requirement waived or deferred. Any waiver, deviation or deferral authorized shall be entered in the minutes of the planning commission together with the circumstances that justify the waiver, deviation or deferral granted.

(c)    If a short plat has not been approved as final within six months after the waiver, deferral or deviation is granted, that waiver, deferral or deviation shall become null and void. (Ord. 1270 § 1 (part), 2008: Ord. 947 § 2 (part), 1995).