A. The requirements of this Subchapter may be adjusted or waived if the developer demonstrates that an insufficient nexus exists between the proposed use and fee.
B. The developer must submit a written request to the Director, or their designee, when the developer files a discretionary project application or if no discretionary application is required, a building permit application.
C. The developer shall bear the burden of presenting substantial evidence to support the request and detail the factual and legal basis for the claim, including supporting technical documentation.
D. The Director, or their designee, shall render a written decision within ninety (90) days after a complete application is filed.
E. The developer may seek review of the Director's decision by filing a written appeal with the City Clerk's Office within ten (10) City Hall business days of the decision by the Director. The City Clerk's Office shall coordinate with the Director to schedule the appeal hearing before the City Council.
F. If an adjustment or waiver is granted, any change in use from the approved project shall invalidate the adjustment or waiver.
(Ord. No. 2021-006 § 2 (part))