A Subdivision Waiver is a request from an applicant to deviate from the minimum subdivision standards in the UDO, based upon unique site conditions. The Subdivision Waiver procedure allows the minimum deviation from the provisions regulating the subdivision of land when the strict application of the UDO would result in unnecessary or unreasonable hardship to the landowner, and the need for a Subdivision Waiver would not be shared generally by other lands.
The hardship must stem from special circumstances or conditions beyond the landowner’s control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), and not be created by the actions of the land owner.
Zero lot line design requirements may not be modified through the Subdivision Waiver process.
A Final Plat subject to an approved Subdivision Waiver shall include a notation describing the approved Subdivision Waiver and the date of approval by the City.
Special Steps in the Subdivision Waiver Process
Public hearings are required at the Planning Commission and a quasi-judicial public hearing is held by City Council. A pre-application conference is required for Subdivision Waiver applications.