A. General.
1. Purpose and Intent. The purpose of this subsection is to provide an efficient relief process to allow for deviations from certain requirements and standards of the Engineering Design Handbook and Construction Standards, and Chapter 4 of the Land Development Regulations. The intent of this application is not to provide a means for circumventing any such requirement or standard but to allow for a departure from the regulation upon demonstration that the subject request satisfies the intent of the review criteria contained herein.
2. Applicability. The City Engineer or designee may waive or modify any applicable requirement, standard, or regulation pertaining to the following:
a. Off-Street Parking and Vehicular Use Areas. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VI, Section 3.B. of these Land Development Regulations;
b. Driveway Openings and Access. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VI, Section 3.C. of these Land Development Regulations;
c. Off-Street Loading Zones. See Chapter 4, Article VI, Section 3.D. of these Land Development Regulations;
d. Dumpster Enclosures. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VI, Section 3.E. of these Land Development Regulations;
e. Queuing and Stacking Requirements. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VI, Section 3.F. of these Land Development Regulations;
f. Fire Lanes. See Chapter 4, Article VI, Section 3.G. of these Land Development Regulations;
g. Exterior Lighting. See Chapter 4 of the Engineering Design Handbook and Construction Standards (Volume II), and Chapter 4, Article VII of these Land Development Regulations;
h. Utilities. See Chapter 5 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 3.B. of these Land Development Regulations;
i. Roadways and Streets. See Chapter 3 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 3.C. of these Land Development Regulations;
j. Sidewalks. See Chapter 3 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 3.D. of these Land Development Regulations;
k. Pedestrian and Bicycle Paths. See Chapter 3 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 3.E. of these Land Development Regulations;
l. Drainage, Stormwater, and Wastewater Systems. See Chapter 5 of the Engineering Design Handbook and Construction Standards (Volume I), and Chapter 4, Article VIII, Section 3.G. of these Land Development Regulations;
m. Canals and Waterways. See Chapter 4, Article VIII, Section 3.H. of these Land Development Regulations; and
n. Excavation and Fill Activities. See Chapter 4, Article XI of these Land Development Regulations.
B. Submittal Requirements. The applicant shall submit a letter that addresses the review criteria of Section 5.C. below, and pay the fee as adopted through resolution by the City Commission. For sidewalk waiver requests, a fee in lieu of sidewalk construction shall be initially set at seven dollars ($7.00) for each square foot of sidewalk waived for construction. This fee shall be annually adjusted by the City Engineer and shall be commensurate with prevailing cost for sidewalk construction. For all waiver requests, the applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request. The City Engineer may request plans and exhibits associated with the waiver, and any additional information or documentation that further justifies the request.
C. Review Criteria. In each waiver request, staff shall review the proposed plans, exhibits, and any other documentation that is provided by the applicant. Staff shall consider the following when evaluating each waiver application: 1) the established character of the vicinity; 2) the future development pattern and need for capital improvements; 3) the best engineering practices and principles; 4) innovations in the industry; and 5) the reasonableness of the subject application to justify the waiver request. The City Engineer may use other determining factors when reviewing the appropriateness of each waiver application.
D. Approval Process. The waiver application shall be reviewed by staff and action will be taken by the City Engineer or designee.
E. Expiration. If a waiver was granted in connection with a site plan, then such waiver shall remain valid as long as the corresponding site plan approval remains in effect, or unless there is any amendment to the original waiver. If an amendment to the original waiver and/or approved site plan is proposed, and the City Engineer determines that such change would adversely affect the original waiver, then approval of a new (waiver) application shall be required.
(Ord. 10-025, passed 12-7-10)