5-3-6: WAIVER:
   A.   The City Manager shall have the authority to grant waivers.
   B.   Any person seeking a waiver pursuant to this chapter shall file a written application with the City Manager. The written application shall contain information which describes the ordinance section for which a waiver is requested and the reason for the waiver.
   C.   Any person seeking a waiver shall indicate in his application to the City Manager the specific reason why he should not be required to meet the established ordinance criteria. The applicant shall also include a written statement that he has personally contacted all residents and owners of properties within four hundred feet (400') of the property in question and none oppose the waiver being requested.
   D.   In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community and other persons of not granting the waiver against the potential adverse impact on the animals and residents affected.
   E.   Waivers shall be granted by notice to the applicant and all residents and owners of properties within four hundred feet (400') and may include all necessary conditions, including time limits, on the permitted activity. The waiver shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the waiver shall terminate it and subject the person holding it to those provisions of this chapter. (Ord. 2012-10, 11-13-2012)