§ 18-231. Waiver.

Any provision or requirement of this article may be waived in whole or in part by the Niles City Council upon request by an applicant, based on the following:

(1)

A request for a waiver shall be made in writing and filed with the city clerk. The written request shall specifically set forth the provision or provisions of this article from which a waiver is sought and shall be accompanied with the required filing fee.

(2)

Upon receipt of a request for waiver, the city clerk shall forward the request to the city council for consideration, and the city council shall schedule a public hearing, giving notice of the public hearing by publication of a notice in a paper in general circulation in the City of Niles. The publication shall occur one time at least 15 days prior to the hearing.

(3)

At the public hearing, the city council shall receive comments from the general public as well as from the applicant.

(4)

No later than 30 days following the public hearing, the city council shall act on the request for the waiver, and in acting on the request may grant the waiver, deny the waiver, grant the waiver in part, or refer the application for further study as determined appropriate by the city council. Any action by the city council shall be by affirmative vote of a majority of the council members present at the meeting at which the vote is taken.

(5)

In deciding the request for a waiver, the city council shall consider all information presented and the facts and circumstances existing relevant to the request and shall specifically find in granting a waiver or any part of a requested waiver that the granting of the waiver or the granting of a part of the requested waiver shall not be contrary to the public health, safety and general welfare of the city, shall not prevent the parcel from being in a safe, clean, and acceptable condition and shall not present a threat to public utility infrastructure on or adjoining the parcel from damage or contamination.

(6)

The city council by resolution may, from time to time set a fee to be charged to the applicant for the costs incurred in processing and addressing the request for waiver, as well as a base fee for securing of the permit required by section 18-223.

(7)

A request for a waiver may be filed at the same time as the application of demolition permit, but as a separate request with the required additional fee, if any.

(Ord. No. 462, § 1, 3-10-2014)