§ 25-2-1105. WAIVERS.

(A)

Subject to Subsection (B), the Land Use Commission may approve the waiver of a provision in this article if the person applying for the waiver demonstrates that:

(1)

the provision imposes an undue hardship on a development because of the location, topography, or peculiar configuration of the tract; or

(2)

a proposed development incorporates the use of highly innovative architectural, site planning, or land use technique; and

(3)

if the waiver is approved, a proposed development will equal or exceed a development that is in compliance with this article in terms of:

(a)

environmental protection;

(b)

aesthetic enhancement;

(c)

land use compatibility; and

(d)

traffic considerations.

(B)

The Land Use Commission may waive a provision only to the extent necessary to allow the development to occur.

(C)

The approval or disapproval of a waiver by the Land Use Commission under this section may be appealed to the council.

Source: Section 13-2-785; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.