§ 25-2-787. WAIVERS.

(A)

The owner of an establishment that operated as a lodging house residential use on or before October 1, 1994, may submit to the director an application for a waiver of the requirements prescribed in Section 25-2-782(A), (B), (C), (E), (H), (I), and (J) ( General Requirements ), Section 25-2-783 (Number of Rooms), and Section 25-2-784 ( Parking Requirements ).

(B)

The director shall give notice of a waiver application under Section 25-1-133(A) ( Notice of Application and Administrative Decisions ).

(C)

Except as provided in Subsection (D), a waiver application shall be considered by the director. The director shall grant a waiver application if the director determines that the waiver will not harm the surrounding area. An applicant may appeal the denial of an application by the director to the Land Use Commission.

(D)

If an interested party files a protest of a waiver application, the application shall be considered by the Land Use Commission.

(E)

The Land Use Commission shall review a waiver application filed under this section in accordance with the conditional use process described in Chapter 25-5, Article 3 ( Land Use Commission Approved Site Plans ).

Source: Ord. 990520-38; Ord. 010607-8; Ord. 031211-11.