A. Any subdivider can make application to the Community Development Department for a waiver, deferral, or deviation or 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.

B. The Hearing Examiner shall not recommend a waiver, deferral, or deviation of the subdivision regulations unless it shall find that the following conditions exist in each case of a request:

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

In recommending a waiver, deferral, or deviation, the Hearing Examiner may require such conditions as will secure, in so far as practicable, the objectives of the requirement waived, deferred, or deviated from. Any waiver, deferral, or deviation authorized shall be entered in the minutes of the Hearing Examiner together with the circumstances that justify the waiver, deferral, or deviation granted.

C. If a preliminary plat has not been approved as final within one (1) year for a short plat or seven (7) years for a major plat after the waiver, deferral, or deviation is granted, that waiver, deferral, or deviation shall become null and void. Any extension of the plat applies to the waiver, deferral, or deviation. (Ord. 2949, 4/14/20; Ord. 2576, 7/27/10; Ord. 2385, 3/25/08; Ord. 2143, 12/9/03; Ord. 782, 1976)