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 review authority with the preliminary plat or binding site plan and with the planning commission’s findings, conclusions, and recommendations.

(b)    The planning commission shall not recommend granting 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.

(c)    In recommending granting waivers, deviations, and deferrals, the planning commission may recommend requiring such conditions as will secure, insofar as practicable, the objectives of the requirement waived, deviated from, or deferred. Any waiver, deviation, or deferral recommended shall be entered in the minutes of the planning commission together with the circumstances that would justify granting the waiver, deviation, or deferral.

(d)    If a short plat has not been submitted for final approval within one year after the waiver, deferral, or deviation is granted, that waiver, deferral, or deviation shall become null and void. (Ord. 1640 § 1 (Exh. A), 2025; Ord. 1270 § 1 (part), 2008: Ord. 947 § 2 (part), 1995).