§ 25-6-81. WAIVER REQUEST.

(A)

An applicant who files a development application that proposes to erect a structure or construct an improvement in a reserved right-of-way or in a required setback from reserved right-of-way must:

(1)

execute an agreement under Section 25-6-56 ( Agreement For Temporary Use Of Reserved Right-Of-Way ); or

(2)

submit a request for waiver of the reservation requirements of this article with the development application.

(B)

An owner of property reserved for right-of-way who does not have a development application pending with the City may apply for a waiver of the reservation requirements of this article if 15 percent or more of the property is or would be subject to the reservation requirements of Section 25-6-51 ( Reservation Of Right-Of-Way ).

(C)

A waiver granted under Subsection (B) is only effective until the City determines that acquisition of a reserved right-of-way is feasible.

Source: Sections 13-5-13 and 13-5-14; Ord. 990225-70; Ord. 031211-11.