(A) When the strict application of requirements contained in these regulations result in actual difficulties or substantial hardship or injustice, or when a mixture of uses or unusual development types mean that a strict application of these requirements will demonstrably result in excessive number of parking stalls, paved surfacing or landscaping the City Council, after recommendation from the city's Planning Commission, may vary, modify or waive the requirements so that the owner or developer may develop his or her property in a reasonable manner, but at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of these regulations preserved. The variation, modification or waiver of excessive number of parking stalls, paved surfacing or landscaping requirements shall be for a period of time according to an approved improvement plan and schedule prepared by the applicant and shall be recorded in the Office of the Register of Deeds.
(B) Provisions and requirements set forth in this chapter shall be required unless specifically and individually waived, modified or varied by the City Council after a public hearing and recommendation of the Planning Commission.
(C) An initial filing fee plus the cost of certified mail plus a fee per owner notification shall be submitted with a parking lot permit application for the waiver of the excessive number of parking stalls, paved surfacing or landscaping requirements set forth in §§ 156.350 to 156.353. The applicant shall submit a complete current list of names, legal descriptions and addresses of all property owners within a 100-foot radius of the subject property.
(Prior Code, § 56-533) (Ord. 3640, § 3,12-1-2005; Am. Ord. 3840, § 1, 4-3-2012)