A.
Council
may grant a modification or waiver of the requirements of one or more
provisions of this chapter if the literal enforcement will exact undue
hardship because of peculiar conditions pertaining to the land in
question, provided that such modification will not be contrary to
the public interest and that the purpose and intent of the chapter
is observed.
B.
Council
may grant a request for a modification of the requirements of this
chapter where the developer or applicant demonstrates that the performance
objectives of the subject provision are met or exceeded by the modification
proposed.
All requests for a modification shall be in writing and shall
accompany and be a part of the application for development. The request
shall state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of the
ordinance involved and the minimum modification necessary.
Where an alternative to adopted chapter requirements is proposed,
absent the claim of a hardship, the applicant shall submit sufficient
evidence to substantiate the equal or greater performance of the proposed
alternative versus that required by this chapter.
The request shall be reviewed by the Planning Commission, wherein
the Commission's recommendation to Council shall include specific
reference to the modification or waiver requested.
In addition to the above waivers, Council may waive the requirement for sidewalks in § 240-60 where the existing grade adjoining the street is 8% or greater and cannot reasonably be altered; where the average lot frontage directly adjoining a subject street is 200 feet or more and no pedestrian connection of the subject street to adjoining planned streets necessitates sidewalks; or in accordance with any other standard of this part.
Council shall keep a written record of all action on all requests
for modifications.
