(A) The City Council may waive or defer the construction of any public improvements or payment of any construction charges, or filing of any security improvement, or any portion thereof, as required by this chapter upon application therefor in writing by that person who is subject to the particular requirement for which a waiver or deferral is sought. Such person shall file his request with the City Clerk and state therein all facts which he believes support the following findings, which the Council shall make prior to granting a waiver or deferral. The City Council shall consider such application no later than thirty days after it has been filed with the City Clerk.
(B) Before the City Council may grant any waiver or deferral, it must first find by formal action that all of the following conditions exist as to the particular requirement for which the waiver or deferral is sought:
(1) The strict application of the particular requirement will cause unnecessary hardship to the applicant, which is inconsistent with the findings, as stated in § 15.48.010;
(2) There are exceptional circumstances or conditions applicable to the subject property, or to its proposed use or development which makes the application of the requirement unfair and oppressive to the applicant;
(3) The granting of a waiver or deferral from such requirement would not adversely affect the public health, safety, and general welfare, nor be injurious to any property or improvements in the immediate vicinity of the property for which the applicant has pending with the city a request for a building permit.
Any action taken by the Council as to the findings and decision on the application may be by motion and shall be set forth in the minutes of the City Council meeting at which the action was taken. The City Council’s action shall be final. The City Council may impose any reasonable condition on a grant of a waiver or deferral under this chapter, including the filing of improvement security in the case of a deferral.
Notwithstanding anything to the contrary stated in this chapter, the City Council may, by resolution, exempt from the requirements of this chapter certain public improvements which, under those circumstances stated in said resolution, should not be required, and the absence of which will not be contrary to the public health, safety, and welfare. In addition, the City Council may, by resolution, exempt, defer or waive the requirements of this chapter which would ordinarily be applicable to the moving of a historic residential structure, as referenced in § 16.23.010(B)(11) of this Code, from a lot in the city onto another lot in the city.
(`78 Code, § 15.48.030.) (Ord. 2727 § 2, 2004.)