§ 4-9-5. WAIVER OF MINIMUM DISTANCES.

(A)

The council may waive the prohibition in Section 4-9-4 ( Minimum Distances from Certain Uses ) if, after notice and a public hearing, the council determines that enforcement of the prohibition in a particular instance:

(1)

is not in the best interest of the public;

(2)

constitutes waste or the inefficient use of land or other resources;

(3)

creates an undue hardship on an applicant;

(4)

does not serve its intended purpose;

(5)

is not effective or necessary; or

(6)

for any other reason the council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

(B)

The council may consider the written consent to a waiver under this section from each church, public school, public hospital, day-care center or child-care facility within 300 feet from the applicant's proposed place of business filed by the applicant with the director of the Development Services Department to be a sufficient justification for a waiver.

(C)

To obtain a waiver under this section, an applicant must submit an application to the director of the Development Services Department, on a form approved by the director, requesting a waiver and specifying the applicable grounds for the waiver under Subsection (A) of this section.

(D)

If the city council denies a waiver request under this section, the director of the Development Services Department may not accept an application for the same or a substantially similar waiver request earlier than 18 months after the date the previous waiver request was denied.

(E)

If a waiver request under this section is withdrawn after notice of a public hearing on the request is published, the director of the Development Services Department may not accept an application for the same or a substantially similar waiver request for a period of 12 months after the date a previous request was withdrawn.

(F)

If the city council indefinitely postpones a waiver request submitted under this section, the director of the Development Services Department shall not schedule a public hearing for the same or a substantially similar waiver request for at least 12 months after the date of the postponement.

Source: 1992 Code Sections 8-3-4(D) and (E); Ord. 031023-12; Ord. 031211-11; Ord. No. 20160616-005, Pt. 2, 6-27-16 .