Article 2 — WAIVERS AND THE PROCEDURE THEREFOR

(Amended by O-896; O-1509; O-1803; O-2397; O-2571)

(Amended by O-2571; O-3777)

a) The Planning Commission may grant waivers of the provisions of this Division relating to the following restrictions: front, rear, and side yard requirements, court requirements, building height and distances between buildings.

b) The Planning Commission may grant waivers of the provisions in Section 92.2.6 relating to room rentals.

(Amended by O-1803)

Any owner, lessee or other person having the right to possession of land may apply for the granting of a waiver which affects his land. Whenever the application is made by a person having less than the fee simple title to the land, the Planning Commission or the City Council may require that the holders of the reversionary or remainder interest consent thereto in writing. Such application shall be filed with the Planning Director and shall be accompanied by a fee as provided for in Section 99.1.5. to cover the costs of the servicing of the application and shall include such information as is prescribed by the Planning Commission.

The Planning Commission and the City Council may render a decision without having conducted a public hearing thereon; provided, however, that any such public hearing shall be set by the Planning Director and conducted in the manner provided in Section 94.1.3. of Article 1 of this Chapter.

(Amended by O-2571)

A waiver may be granted if, in the judgment of the Planning Commission or the City Council:

a) Unreasonable difficulties will result from the strict enforcement of this Division;

b) It will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof; and

c) It will not substantially interfere with the orderly development of the City as provided for in this Division.

The Planning Commission shall deny the application or grant the waiver in whole or in part as applied for. If the waiver is granted, the Planning Commission may impose thereon such conditions as it may deem desirable to effectuate the purposes of this Division and the best interest of the City.

(Amended by O-1803; O-2397; O-2822)

The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.

(Added by O-2571; Amended by O-3777)

a) Upon receipt of a request for a waiver of the provisions of Section 92.2.6, the Planning Director shall notify the owners of the five (5) properties in a row next adjacent to and on each side of the property for which the request has been made, and the ten (10) properties on a line facing and across the street from the property, and the ten (10) properties to the rear of the property in question and most nearly parallel to the original line of properties, but not to exceed three hundred (300) feet in any direction.

b) The Planning Director may grant requests for waiver of the provisions of Section 92.2.6 where no protest is received, after issuance of such notice, and where the criteria of Section 94.2.4 are complied with, within ten (10) days after notice is given.

c) Where a protest of the waiver request is received, the request shall be considered by the Planning Commission or City Council as provided in this Article.