(a) Upon written application by the Subdivider, the Director, subject to the SMA, may authorize exceptions, waivers or deferrals to any of the requirements set forth in this Code and in the Subdivision Regulations.
(b) Before granting any such exception, waiver, or deferral, in whole or in part, the Director must find:
(1) That the application of certain provisions of this Code or the Subdivision Regulations would result in practical difficulties or unnecessary hardships affecting the property inconsistent with the general purpose and intent of the Plan and Plan Documents;
(2) That the granting of the exception, waiver, or deferral will not be materially detrimental to the public welfare or injurious to other property in the area in which said property is situated; and
(3) That the granting of such exception, waiver, or deferral will not be contrary to the Plan.
(c) In granting any such exception, waiver, or deferral, the Director shall designate the conditions under which the exception is granted.
(d) The Director shall not grant any exceptions in violation of the SMA.
(e) The standards and requirements of this Code and the Subdivision Regulations shall, where necessary, be modified by the Director where the Director finds such modifications are necessary to assure conformity to and achievement of the standards and goals of the Plan.
(f) If the Director elects to hold a public hearing with respect to an application for exception, waiver, or deferral, the Director shall give notice not less than 10 days and no more than 15 days prior to the hearing date as provided in Subsection (A) of Section 1613.
(Added by Ord. 304-04, File No. 041544, App. 12/24/2004)
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