When the city can waive development rules

(a) A waiver of the strict application of the development or design standards of this chapter may be granted by the director for the following: (1) Public or public/private uses and structures, communication towers, communication support structures, and small, medium, or large utility installations; provided that wind energy generation facilities are not eligible for a waiver under this section; (2) To permit the creation of zoning lots designated for landscaping and open space purposes that do not meet minimum zoning lot area or dimensions; (3) To permit the replacement of existing improvements on private property when the improvements are rendered nonconforming through the exercise of government’s power of eminent domain on or after October 22, 1986, which for the purposes of this subdivision may also include requirements under Chapter 14, Article 6 , or the establishment of street setback lines; (4) To permit the retrofitting of improvements when the retrofitting is required to comply with federal mandates, including but not limited to the Americans with Disabilities Act (ADA) or the National Environmental Protection Act (NEPA); provided that the improvements could not otherwise be made without conflicting with this chapter; and (5) In the residential, apartment, and apartment mixed-use zoning districts, when a zoning lot is subject to a street setback line, the director may reduce the front or rear yard requirement by up to 30 percent; provided that the following conditions are satisfied: (A) The zoning lot does not meet applicable minimum development standards for lot area, lot width, or lot depth, either in its current configuration or after the street setback is taken; and (B) The appropriate agency or agencies concur in the reduction. (b) The granting of the waiver shall not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, and shall not be materially detrimental to the public welfare nor injurious to nearby property improvements. The burden of proof in showing the reasonableness of the proposed waiver shall be on the applicant seeking it. (c) This provision shall not be applicable to uses that fall under § 21-2.120 .