(A) Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter shall address and identify such at the pre-application meeting and the relief or exemption shall be contained in the submitted application. Requested relief may be temporary or permanent, partial or complete in nature.
(B) The burden of justifying the need or appropriateness of the requested relief, waiver or exemption shall be solely on the applicant.
(C) The applicant shall bear all costs of the city in considering the request for the relief, waiver or exemption.
(D) Relief, waiver or exemption shall based on the applicant’s demonstrated need or appropriateness as evidenced by verifiable clear and convincing evidence satisfactory to the Department that, and that, if granted, the relief, waiver or exemption will have no significant negative effect on the health, safety or welfare of the city, its residents and other users of the PROW, the Department must find the following:
(1) The proposed special use conforms to the character of the neighborhood, considering the location, type and height of existing buildings or structures and the type and extent of vegetation on the site.
(2) The proposed use will not cause undue traffic congestion or create a traffic, pedestrian or bicycle hazard;
(3) Adequate utilities are available;
(4) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;
(5) The proposed facility and use shall not impede the orderly development and improvement of surrounding property for uses permitted within the applicable zoning district;
(6) The new structure or modification will not reasonably be expected to substantially diminish the value of adjoining or abutting property; and
(7) The proposed use is consistent with the officially adopted plans and policies of the city.
(Ord. 2017-O-55, passed 9-12-2017)