(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
18.03.070 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 the ordinance in the particular circumstances
would create an unnecessary hardship.
(d)
It shall take an affirmative vote of six (6) members of the
board to grant the exemption.
(Ordinance O-2023-075 adopted 12/14/2023)