§ 529.50. Waiver of restrictions.

(a) In general. In cases of hardship, any person having a legal or equitable interest in land and aggrieved by the requirements of an interim ordinance may apply to the city council for a waiver of all or a portion of the applicable restrictions. A waiver may be granted where the city council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted.

(b)

Application procedure. An application for waiver shall be filed on a form approved by the zoning administrator. Application procedures shall be as specified in Chapter 525, Administration and Enforcement.

(c)

Public hearing. A complete application for waiver shall be forwarded to the planning director who shall prepare a report and recommendation and shall forward the request to the zoning and planning committee of the city council who shall conduct a public hearing on the request. Not less than ten (10) days before the public hearing, the zoning administrator shall mail notice of the time, place and purpose of the hearing to property owners within three hundred fifty (350) feet of the subject property and to the registered neighborhood group(s) for the neighborhood in which the subject property is located. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings provided a bona fide attempt to comply with this subdivision has been made. Following the public hearing, the zoning and planning committee shall forward its recommendation to the full city council for final action.

(d)

Conditions and guarantees. The city council may impose such conditions and require such guarantees related to the grant of a waiver as it deems reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning ordinance and policies of the comprehensive plan.