Sec. 106-100. Waiver of requirements for existing single-family properties.
(a) Authority. The board of adjustment and appeals shall have the power to hear applications for waivers of Code requirements for existing single-family detached housing properties. Grounds for such waiver shall be as follows:
(1) Effect on adjacent properties. The proposed waiver will not adversely affect adjacent properties or the surrounding neighborhoods.
(2) Criteria. The proposed waiver is consistent with the majority of the criteria as follows:
a. Comprehensive plan. The proposed development, by complementing the general welfare and economic prosperity of the City or immediate neighborhood, meets the spirit and intent of the City's comprehensive plan and achieves the benefits of improved design.
b. Density. The character of lower density residential areas are not adversely affected.
c. Compatibility. Compatibility with adjacent land development and land uses is assured.
d. Impact on existing city infrastructure and public improvements. The proposed development does not result in undue or unnecessary burdens on the City's existing infrastructure and public improvements, or that arrangements are made to mitigate such impacts.
e. Internal efficiency of design. The proposed development achieves internal efficiency for its residents and does not endanger public health or convenience.
f. Control of external effects. The proposed development controls external effects on nearby land uses, movement and congestion of traffic, noise generated, arrangement of signs and lighting to prevent nuisances, landscaping, features to prevent factors detrimental to public health, welfare, safety or convenience.
(b) Additional conditions. The proposed waiver may contain conditions as deemed appropriate by the board in approving the waiver. (Code 1979, § 8-25)