§ 30-3-41. 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 30-3-26 (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 or county 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 30-3-21 (Reservation Of Right-Of-Way).

(C)

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

Source: City Code Section 25-6-81; County Code Section 82.202(f)(4)(B); Ord. 031211-11; Ord. 031211-42.