§ 7. Waivers.

1.

Conditions: An applicant seeking a waiver for lot grading requirements shall submit a written request to the county manager or designee for the waiver stating the reasons for the waiver and the facts which support such waiver. All requests for waivers must be submitted prior to or in conjunction with the application for building permit. The request for waiver shall be submitted to the county manager or designee who shall schedule a hearing before the board of county commissioners within 30 days of receipt of the written request. The request shall contain the basis for the waiver. The county manager or designee and affected agencies shall not recommended approval of a waiver, unless they determine the following:

(a)

The particular physical condition, shape or topography of the specific property involved causes an undue hardship to the applicant, if the strict letter of the code is carried out, and

(b)

The granting of the waiver will not be injurious to adjacent properties;

(c)

The conditions, upon which a request for waiver are based, are particular to the property for which the waiver is sought and are not generally applicable to other property and do not result from actions of the applicant; and

(d)

The waiver is consistent with the intent and purpose of the land development regulations, the county land use plan and the requirements of this appendix.

(2)

Waivers to sections 1—6 of this appendix may be granted or denied by the Brevard County board of county commissioners, based upon undue hardship or unusual lot configuration as discussed above. Waivers shall not be granted in violation of FEMA requirements.

(3)

If the Brevard County board of county commissioners approves a waiver, they may attach such conditions to the waiver to assure that the activity will comply with the intent and purpose of this section.