Prior to the adoption of Ord. 21093 on 09/19/2011, Section 25-47.08 read as follows.


    The provisions of section 25-47.1 et seq. relating to impact fees may be varied or waived pursuant to a petition for variance filed in accordance with section 25-20 of these subdivision regulations under the following circumstances:

    (1)    The impact fee shall be varied or waived if the development of the subject property is not reasonably related to the amount of the impact fee. In determining whether the development of the subject property is reasonably related to the amount of the impact fee, consideration will be given to all relevant factors including, but not limited to, the following:

        (a)    Size of the subject property;

        (b)    Location of the subject property;

        (c)    2oning of the subject property;

        (d)    Anticipated use of the subject property;

        (e)    Density of development of the subject property;

        (f)    Relationship of the subject property to abutting collector or arterial streets;

        (g)    Accessibility of the subject property to abutting collector or arterial streets;

        (h)    Number of abutting collector or arterial streets for which impact fees may be imposed.

    (2)    The impact fee shall be varied or waived if the collector or arterial street for which the impact fee would be imposed has not been constructed and will not be constructed within a reasonable time. In determining whether the street will be constructed within a reasonable time, consideration will be given to:

        (a)    The major thoroughfare plan;

        (b)    The capital improvement program;

        (c)    The street improvement revolving fund;

        (d)    The needs of the abutting properties;

        (e)    Such other matters as may be deemed necessary.

    In considering variances or waivers pursuant to this section, the commission may recommend and the city council may require such conditions as will substantially secure the objectives of the city in enacting the impact fee requirement. A petition for a variance or waiver of the impact fee may be filed at any time.

(Ord. No. 11689, § 1 11-16-87)