§ 42-604 — Modification of standards, process

Sec. 42-604. - Modification of standards, process.

(a) The planning official, in collaboration with the city engineer, may approve a modification to the standards of section 42-621, 42-651, or 42-653 of this Code. (b) To request approval for a modification, an applicant shall: (1) File an application in the form prescribed by the planning official; (2) Pay the non-refundable fee set forth for this provision in the city fee schedule and all costs associated with the notice provisions of this section; and (3) Provide documentation to support the required findings in subsection (c) of this section. (c) In collaboration with the city engineer, the planning official shall approve the application, with or without conditions, if the following conditions exist: (1) Either: a. The characteristics of existing permitted development, land uses, or other physical conditions within the immediate vicinity of the pedestrian realm create unsafe conditions related to the practical use of the property; or b. The standard creates an impractical design or a development that is otherwise contrary to sound public policy. A modification to the standard would, in the sole professional judgement of the planning official and city engineer, create a more practical or technically feasible alternative. (2) The circumstances supporting the approval are not the result of hardship created or imposed by the applicant; and (3) Approval creates an alternative that furthers the intent and purposes of this article. (d) The planning official shall conduct their review and advise the applicant of a decision or request more information within 30 days from the date a complete application is submitted to the planning official.

(Ord. No. 2020-684, § 2(Exh. A), 8-5-2020)