1133.11  MIXED USE BUSINESS DISTRICT WAIVER PROCEDURES.
   (a)   The Planning and Zoning Commission shall have the authority to grant waivers from the provisions and requirements of this Mixed Use Business District Chapter which will not be contrary to the public interest or the intent and purpose of this Chapter or the City Comprehensive Plan, but only where, owing to special conditions pertaining to a specific piece of property, the strict application of provisions to requirements of this Chapter would cause undue or unnecessary hardship based on reasons of safety, topographic conditions, site engineering conditions or other unique conditions that may exist.    
      (1)   An MUB waiver request shall not be permitted to modify the permitted or conditional uses as set forth in Sections 1133.02 and 1133.03.
   (b)    Financial considerations or aesthetic preferences shall not be considered an "undue or unnecessary hardship."
   (c)    An applicant seeking a waiver under this Section shall submit a written request for the waiver to the Zoning Inspector. Such request shall include a detailed description of the safety, topographic condition, site engineering need or other unique site characteristic along with any supporting documentation and evidence.
(Ord. 2023-06. Passed 5-1-23.)