Sec. 27-351.  Modification of requirements.

When the strict application of requirements contained in these regulations result in actual difficulties or substantial hardship or injustice, or when a mixture of uses or unusual development types mean that a strict application of these requirements will demonstrably result in excessive parking, the council, after report by the commission, may vary, modify, or waive such requirements so that the owner or developer may develop his or her property in a reasonable manner, but so that at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of these regulations preserved.  The variation, modification or waiver of surfacing requirements shall be for a specified period of time according to an approved improvement plan and schedule prepared by the applicant and shall be recorded in the office of the register of deeds.

Should a waiver be granted, any change in ownership or occupancy of the premises, shall require a new waiver.

Provisions and requirements set forth in this chapter shall be required unless specifically and individually waived, modified or varied by the city council after a public hearing and recommendation of the planning commission.

An initial filing fee as set forth in Section 2-5 of this Code shall be submitted with an application for the waiver of the hard-surfacing requirements set forth in Secs. 27-349 and 27-350 of this Code.  The applicant for said waiver shall also pay, in addition to the initial filing fee, any publication costs necessitated by the filing of said application, prior to the time the application is considered by the mayor and city council. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5135, § 18, 9-7-10