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 hearing examiner 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 hearing examiner with the preliminary plat and addressed in the hearing examiner’s findings, conclusions and recommendation.

B. The Hearing Examiner 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 existing of unusual physical conditions, the strict compliance with the provisions of this title would cause an unusual and unnecessary hardship on the subdivider, the hearing examiner may waive, defer or deviate from the requirements set forth in this title.

In granting waivers, deviations and deferrals, the hearing examiner may require such conditions as will secure, in so far as practicable, the objectives of the requirement waived or deferred. Any waiver or deferral authorized shall be entered in the minutes of the hearing examiner 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. No. 485, § 1, 9-3-09)