(a)
Should any person utilizing or proposing to utilize the right-of-way desire to request an exemption from a specific standard set forth in this article and section 10.03.050 is not applicable, the person may request an administrative hearing before a board of appeals. The zoning board of adjustment shall act as the board of appeals for a request for exemption under this article.
(b)
Any person requesting an exemption from any of the requirements shall
file such a request with the city manager within fifteen (15) calendar
days from the time that need for an exemption arose. If an exemption
is requested prior to construction, the request should be submitted
prior to filing for a permit.
(c)
An exemption shall only be granted if:
(1)
Such exemption is not contrary to the public interest;
(2)
Such exemption will not increase the burden on the right-of-way or
other right-of-way users;
(3)
Such exemption shall not increase the right-of-way management or
administrative duties for city staff;
(4)
The exemption shall fit within the spirit of this article; and
(5)
The application of this article in the particular circumstances would
create an unnecessary hardship.
(d)
It shall take an affirmative vote of four (4) members of the board
to grant the exemption.
(Ordinance 19-O-02, sec. 15.151,
adopted 1/14/2019; Ordinance adopting
2023 Code)
