(A) The City Council may, in the resolution approving the preliminary plat of any subdivision and upon appeal of the developer, or the recommendation of the City Engineer, waive or change the requirements of this chapter for a particular development whenever the developer demonstrates either:
(1) That, due to the location of the property, strict compliance would provide no discernible benefit for reduction of flooding on any plat adjacent or downstream property;
(2) That, due to the nature of the property, strict compliance would create unusual hardship out of proportion to any foreseeable benefit and that the requested change or reduction in requirements will not increase the risk of flooding of any building or the buildable portion of any lot on any adjacent or downstream property; or
(3) That the developer, in lieu of a detention facility, provide storm water management sufficient to achieve the purpose of this chapter by keeping storm water runoff from the property in accordance with § 3.00 of this chapter.
(B) Developers of new or expanding commercial, industrial and multi-family developments shall make appeals as per the provisions of the site plan review regulations in city code.
