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 the Affordable Housing Commercial Development Impact Fee.
B. The developer shall submit a written request to the Director no later than the date it files its initial development application with the City.
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. The developer shall provide such additional information as may be required by the Director to make a determination on the request.
D. The Director 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 Director's decision. 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 modification to the approved Commercial Development Project shall invalidate the adjustment or waiver.
(Ord. No. 2021-009 § 2 (part))