Sec. 9-10.604.  Waiver requirements.
   (a)   A developer may request that the requirements of this chapter be adjusted or waived based on a showing that applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. A developer may also request that the requirements of this chapter be satisfied by the developer in another manner which would result in reasonably comparable compliance with this chapter.
   (b)   Any request for a waiver, adjustment, or reduction under this section shall be submitted concurrently with the inclusionary housing plan required by Section 9-10.304, or density bonus plan required by Section 9-10.506, or with the application for a non-residential development. The applicant shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technical documentation.
   (c)   The request for a waiver, adjustment, or reduction shall be processed, reviewed, and approved or denied by the City Council, and may be processed concurrently with the discretionary applications, if required, for the development project. In making a determination on an application for waiver, adjustment, or reduction, the applicant shall bear the burden of presenting substantial evidence to support the claim.
   The waiver, adjustment, or reduction may be approved only to the extent necessary to avoid an unconstitutional result, or if it is determined that an adjustment would result in a reasonably comparable compliance with this chapter, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section. If a waiver, adjustment, or reduction is granted, any change in the use within the project shall invalidate the waiver, adjustment, or reduction.
(§ 1, Ord. 1506-NS,  eff. October 9, 2008)