A. In buildings under four thousand (4,000) square feet in area, the City Administrator may waive the requirements Section 13-1-1 for the alteration of existing buildings and for any new building if the waiver would not significantly adversely affect provisions for health, safety and security and that equally safe and proper alternatives are prescribed and, further, that such waiver is based upon a specific finding that strict compliance with the requirements of Section 13-1-1:
1. Would create an undue economic burden;
2. Would not achieve its intended objective;
3. Would be physically or legally impossible;
4. Would be unnecessary in light of alternatives which insure the achievement of the intended objective or which, without a loss in the level of safety, achieve the intended objective more efficiently, effectively or economically; or
5. Would entail a change so slight as to produce a negligible additional benefit consonant with the purposes of this code.
B. Each application for a waiver under this Section shall be made to the City Administrator in writing, setting forth each requirement sought to be waived and the specific reason or reasons therefor. The City Administrator shall determine, after consideration all of the circumstances presented by such application, which, if any, of such requirements may appropriately be waived. The City Administrator shall render such determination in a writing, which shall set forth in detail, the City Administrator's findings and conclusions with respect to each requirement sought to be waived. A copy of such written determination shall be forwarded to the applicant.
C. The denial of an application for waiver under this Section may be appealed to the City Council. An applicant seeking an appeal shall file a written notice of appeal with the City Clerk within fourteen (14) days of the City Administrator's written findings and conclusions. The appeal shall be considered by the City Council within forty-five (45) days of filing of the notice of appeal. A copy of the written decision of the City Council whether to affirm the denial of the waiver or reverse the denial of the waiver shall be forwarded to the applicant. (Ord. 1529, 12-7-2020)