20.25M.060 Administrative modification process.
A. Purpose. Due to the unique nature of a regional light rail transit system and its facilities, strict application of LUC provisions will not always be practical or feasible.
B. Decision Criteria. The City, including the Director, may approve or approve with conditions a modification or waiver from the provisions of the Land Use Code if the following criteria have been met:
1. The modification or waiver is the minimum reasonably necessary in accordance with the “Light Rail Best Practices” Report to make construction or operation of the RLRT facility or RLRT system practicable and feasible; or
2. The modification or waiver is reasonably necessary to implement or ensure consistency with other related actions approved by the City Council with respect to the RLRT facility or RLRT system including development agreement modifications, cost saving alternatives, or street design standards amendments.
C. Limitation on Authority. The Director may not grant a modification or waiver to:
1. The provisions of LUC 20.10.440 or parts contained in Chapter 20.25 LUC, establishing the allowable uses in each land use district; or
2. The provisions of Chapters 20.30 and 20.35 LUC or LUC 20.25M.030 or any other procedural or administrative provision of the Land Use Code; or
3. Any provision of the Land Use Code or this overlay which, by the terms of the code or overlay, is specifically identified as not subject to modification or waiver, unless such modification is necessary to comply with the terms of subsection B.2 of this section. (Ord. 6101, 2-25-13, § 1)