4-5-9: WAIVER OF STANDARDS:
   A.   Authority: The city has the authority to grant a waiver if the engineer of record can demonstrate to the satisfaction of the city that any of the standards required by this article are not necessary in the proposed development, and that the omission of such requirements would not result in any of the following:
      1.   Hazard to public safety.
      2.   Hazard to public or private property.
      3.   Excessive hillside scarring.
   B.   Request: The request for a waiver of standards shall be in writing and shall state the reason for the request. The justification for the waiver shall be based on the engineering reports required in section 4-5-6 of this chapter. The request for a waiver shall be forwarded by the clerk to the planning commission for recommendation and the city council for final decision.
   C.   Alternatives: The city or administrator may approve an alternative development proposal when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this chapter and shall not be detrimental to the public health, safety, or welfare, and provides adequate mitigation of visual impacts and hillside scarring. (Ord. 166, 2-5-2004)