Any owner or manager of a business or other establishment subject to this subchapter may apply to the individual, department or agency designated by the City Council for all exemption or modification to any provisions of this subchapter due to unusual circumstances or conditions.
(A) Such exemption shall be granted only if the designated individual department or agency designated by the City Council finds from the evidence presented by the applicant for exemption at a public hearing either that:
(1) The applicant cannot comply with the provisions of this subchapter for which an exemption is required without incurring expenses for structural or other physical modifications, other than posting signs, to buildings and structures.
(2) Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort.
(B) The applicant for an exemption shall pay the fee prescribed by the City Council's resolution with the application to cover cost of the hearing and noticing of the hearing.
('61 Code, § 15.72) (Ord. 930, passed - - )