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Ordinances 2012
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<br />(a) The granting of the exception will not be detrimental to public safety, health, or <br />welfare, and will not adversely affect the property of others; <br /> <br />(b) The facts upon which the request is based are unique to the property and are not <br />applicable generally to other property so as not to make reasonably practicable the <br />formulation of general regulations to be adopted as an amendment to this chapter; <br /> <br />(c) No objection to the exception has been received in writing from the transportation <br />department, City Engineer, health department, or fire chief; and, either <br /> <br />(d) Strict adherence to the ordinance requirement will cause substantial injustice or <br />hardship. The hardship or injustice is created by the unusual character of the <br />property, including dimensions and topography, or by other extraordinary situation or <br />condition of such property. Personal, financial, or self-inflicted hardship or injustice <br />shall not be considered proper justification for an exception; OR <br /> <br />(e) The exception will permit development to follow standards consistent with those <br />commonly referred to as Traditional Neighborhood Development or New Urbanism. <br /> <br />(5) The commission in authorizing an exception may impose such reasonable conditions <br />in addition to the regulations of this chapter as it may deem necessary in the public interest. The <br />commission may require a guarantee or bond to ensure that the conditions imposed are being and <br />will continue to be complied with. <br /> <br />(6) If granted, such exception shall be specifically stated in writing together with the <br />supporting justifications and filed with the subdivision plan or such plat or plans deemed <br />necessary by the Agent. A note shall be prominently placed on the record plat detailing any <br />exception so granted. <br /> <br />B. Special provisions for the waiver of certain requirements for commercial subdivisions <br /> <br />In a commercial subdivision, as provided for in Section 33.1-26 of this Ordinance, the <br />following may be eligible for a waiver from minimum lot area, minimum lot width, side yard <br />requirements, and lot frontage requirements: <br /> <br />The subdivision of commercial property on which commercial units for sale, for sale in <br />condominium, or for lease are both: <br /> <br />(a) Constructed as part ofa multiunit structure in which the units share common walls, or <br />as part of a multiple-structure commercial development; and <br /> <br />(b) The entire development has been planned and designed as a comprehensive <br />coordinated unit under a single master plan which has been approved via the Site <br />Plan process. <br /> <br />In these instances, the planning commission may grant, at their discretion, a waiver from <br />minimum lot area, minimum lot width, side yard requirements, and lot frontage requirements <br />upon finding that: <br />
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