Section 25-47.08 Reserved.
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)