(a) Authorization. The City Manager or his/her appointed designee may authorize, upon request in specific cases, such waiver from the terms of Section 553.01 as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of Section 553.01 would result in undue hardship or practical difficulty. Waivers from the regulations of Section 553.01 shall not be granted unless the City Manager or his or her appointed designee makes specific findings of fact based directly on the particular evidence presented to his or her. It shall be the applicant's burden to provide all the information necessary for the City Manager or his or her appointed designee to make a decision. The owner, or his or her agent, shall file a request for waiver on forms provided by the City.
(b) Waivers shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of Section 553.01 will result in undue hardship or practical difficulty. Under no circumstance shall the City waive the requirements to remove noxious weeds.
(c) The City Manager or his/her appointed designee shall not grant a waiver unless he or she finds the following;
(1) That the land is of such shape or size, is affected by such physical conditions that it is impossible or impractical for the owner to comply with provisions of chapter;
(2) That there are special circumstances or conditions, fully described in the application applying to the land for which the waiver is sought, which circumstances or conditions are peculiar to such land and do not apply generally in the City, that said circumstances or conditions are such that the strict application of the provisions of this chapter would cause undue hardship, and that the waiver is the minimum waiver that will accomplish this purpose;
(3) That the granting of the waiver will be in harmony with the general purpose and intent of this chapter and will not be a nuisance to the neighborhood or the City or otherwise be detrimental to the public health, safety and welfare.
(Ord. A-1995. Passed 4-24-95; Ord. A-2716. Passed 2-27-12.)