Purpose. The Planning Commission may authorize waivers in regards to platting, zoning and design standards for multiple lots from the Development Code of the Town of Berthoud with respect to the requirements of the following chapters only: Chapter 30-2, Design Standards, Chapter 30-3, Zoning, or Chapter 30-7, Signs.

A.

Processes eligible for waiver request. Applicants may seek a waiver from all or portions of the following processes identified in this Code:

a.

Subdivision procedures in conjunction with Concept, Preliminary or Final Plat, platting requirements, and;

b.

Zoning regulations limited to setback encroachments or height limitations in conjunction with Concept Plan, Preliminary Plat, or Final Plat approval

c.

Design Standards limited to Site Plan, Preliminary Plat, or Final Plat application and approval.

B.

Waiver application.

1.

Waiver request in conjunction with other applications. The applicant shall submit the following to the Town in conjunction with another application (re-zoning or PUD amendment, Concept Plan, Final Plat, Site Plan, or Preliminary Plat only). All other cases shall follow the variance procedures.

a.

Explanation letter — Identifying the waiver being requested and explaining what exceptional condition, practical difficulty, or unnecessary hardship exists to require the waiver. The letter shall also address how the waiver, if granted, will not be detrimental to the public good, create a conflict with the Town Comprehensive Plan or impair the intent and purpose of this Code.

2.

The procedures found in Table 3.10 shall be followed.

3.

Notice shall be given in accordance with the public hearing and general notice provisions found in this Chapter.

4.

Unless otherwise stated in the Resolution, all waivers granted shall be commenced within six months of the time such waiver is granted; otherwise the waiver shall be null and void.

C.

Waiver criteria for approval. The condition of any waiver authorized shall be stated in writing in the minutes of the Board with the justifications set forth. Waivers may be granted only if they meet one of the following criteria:

1.

The waiver, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor diminish the value, use or enjoyment of adjacent property.

2.

The waiver, if granted, is the minimum waiver of applicable Code provision that will afford relief and is the least modification possible of the Code provisions which are in question.

3.

That such practical difficulties or unnecessary hardship has not been created by the applicant.

4.

The waiver would substantially alleviate an existing, defined and described problem of Town-wide concern or would result in a substantial benefit to the Town by reason of the fact that the proposed project would address an important community need.

5.

The plan as submitted will promote the general purpose of the standard for which the modification is requested, equally well or better than a plan which complies with the standard for which a modification is requested.

(Ord. No. 1326, § 1(Exh. A), 11-28-2023)