The requirements for an individual use or project may be modified when it is demonstrated that specific and unique circumstances to the individual use or project render those requirements as unnecessary to meet the basic intent and principles of identified ordinances or of the adopted standards. Requirement modifications may be requested during the project approval process or may be requested subsequent to project approval.

Modifications to requirements shall be granted where all the following criteria are met:

1.

The proposed use or project, with modifications to requirements, shall advance the goals and objectives of, and remains consistent with, the purposes and policies of the City;

2.

The proposed use or project, with modifications to requirements, shall not cause an adverse impact to the surrounding properties or the public health, welfare, and safety of the City; and

3.

Adequate public services and infrastructure are available to serve the proposed use or project, with modifications to requirements.

Modifications to requirements shall not be granted:

1.

If the location, size, design, or operating characteristics of the proposed use or project, with modifications to requirements, are inconsistent with the purposes of the zoning district where it is located;

2.

If inconsistent with the restrictions under Article XXVII—Variances; or

3.

For amending this Chapter.

The penalties for violations of this Chapter may include, but are not limited to:

1.

Revocation of modifications to requirements; or

2.

Revocation of permits associated with modifications to requirements.

If the applicant can show specific and unique circumstances that the applicant believes renders specific requirements unnecessary to meet the basic intent and principles of these ordinances or of the adopted standards, the applicant may make an appeal to the City Administrator to modify particular requirements.

The building official, the public works department, the engineering department, and the planning department shall make their determinations of the modifications to requirements based on the current ordinances and adopted standards.

If the City Administrator agrees that some or all of the applicant's points appealed are legitimate, the City Administrator shall bring those legitimately appealed aspects to the City Council with a recommendation to modify those specific requirements.

If a simple majority of the members of the City Council vote to modify those specific requirements, such requirements will be modified as recommended by the City Administrator.

Under no circumstances will the cost to the applicant be considered as a specific or unique circumstance that is appealable.

Any appeal made to the City Administrator will be responded to with written findings of fact as to the decision made to either recommend or deny the modifications for each appealed requirement.

Granted modifications may be limited by a specific period.

This ordinance shall be effective upon final passage and publication. It shall automatically terminate on January 1, 2024.

(Ord. No. 593, 7-5-2022)