§ 25-2-1081. LAND USE COMMISSION OR COUNCIL WAIVER.

(A)

Except as provided by Subsections (B) and (C), the Land Use Commission, or council on appeal from a Land Use Commission decision, may waive a requirement of this article if the Land Use Commission or council determine that a waiver is appropriate and will not harm the surrounding area.

(B)

The Land Use Commission or council may not approve a waiver that reduces a required setback to less than five feet.

(C)

The Land Use Commission or the council may approve a waiver of a height restriction imposed by Section 25-2-1062 ( Height Limitations And Setbacks For Small Sites ) and 25-2-1063 ( Height Limitations And Setbacks For Large Sites ) only if:

(1)

there is an existing structure located between the proposed structure and the closest property to the proposed structure that triggers the compatibility standards; or

(2)

the proposed development is located on and completely surrounded by property in a downtown mixed use (DMU) zoning district and the person applying for the waiver has:

(a)

provided notice of the requested waiver, by certified mail with return receipt requested, to the owner of each property that adjoins or is across the street from the proposed development and on which a use permitted in an urban residence (SF-5) or more restrictive zoning district is located; and

(b)

submitted the return receipts to the director.

(D)

A waiver approved under Subsection (C)(1) may not permit the construction of a structure that exceeds the height of the existing structure.

(E)

This section does not prohibit the Board of Zoning Adjustment from granting a variance from a requirement of this article under Section 25-2-473 ( Variance Requirements ).

Source: Section 13-2-739; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.