1.40.010 City Manager code discretion.
A. As an alternative to the variance procedures identified in Chapter 18A.30 LMC, Article X, a person may request that the City Manager or designee vary the requirements of the City Code under the following conditions:
1. The requested requirement change does not exceed 10 percent of the distance, area or other physical measure of the requirement of the City Code;
2. The requested requirement change does not reasonably involve a life/safety issue nor does it reasonably involve damage to or loss of property of any person or entity; and
3. The person or entity requesting the requirement change shall agree to waive his/her/its right to pursue a variance or other process to seek an alternative to the requirements of the City Code; provided, that if no change in the requirements of the City Code is granted to such person or entity, the person or entity would be entitled to pursue a variance or other available procedure, in the normal course.
B. The City Manager or the City Manager’s designee is vested with and authorized to exercise the discretion to decide all such requests for changes in the requirements of the City Code pursuant to the provisions of subsection A of this section, and in keeping with the criteria identified in Chapter 18A.30 LMC, Article X.
C. The fee for an application for a variance provided under this chapter shall be $90.00. [Ord. 276 § 2(Exh. A), 2002; Ord. 75 § 1, 1996.]