§ 33-2.35. Subdivision waivers.

(a)

Purpose. Subdivision waivers provide a mechanism for relief for property owners when strict application of this UDC would result in practical difficulties or a particular hardship to a property owner due to unique conditions of a property proposed to be subdivided. Waivers may be granted for lot dimensions and setbacks at the time of preliminary plat approval. The waiver granted shall be the minimum necessary to permit reasonable use of the land.

(b)

Applicability. Subdivision waivers to the provisions of this UDC may be requested when an applicant can demonstrate that the unique parcel shape, size, configuration or other conditions preclude compliance with this UDC.

(c)

Application and procedure. The application, with the required information as listed in the appendix of this UDC, shall be filed with the planning director. Subdivision waiver requests shall be requested in writing along with a plat application and processed concurrently with a preliminary plat application.

(d)

Required findings. A waiver is not a right. In conformance with State law, a waiver may be granted only upon finding that:

(1)

The property cannot be developed reasonably under the provisions of this UDC;

(2)

The requested waiver will not conflict with the purposes of this UDC or the comprehensive plan;

(3)

The hardship does not generally apply to other properties in the parish. Reasons for hardship may relate to the particular property, because of size, shape, topography, or other physical conditions, rather than personal circumstances;

(4)

If the applicant complies strictly with the provisions of this UDC, then the applicant will be unable to make reasonable use of the affected property;

(5)

The hardship does not exist because of conditions created by the owner or previous owners of the property;

(6)

Granting the requested waiver will not confer on the applicant any special privilege that is denied by this UDC to other lands that are similarly situated and configured;

(7)

The granting of the waiver will not be contrary to the public interest, will not adversely affect property values, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of this UDC; and

(8)

The waiver requested is the minimum modification to this UDC necessary to alleviate the hardship.

(e)

Decision maker . Decisions on subdivision waivers to this UDC shall be made by the parish council. When a waiver to this UDC constitutes a waiver to multiple sections of this UDC, separate actions shall not be required to modify the provisions of each section. However, each waiver shall be cited in the ordinance approving the preliminary plat and shall be noted on the final plat.