§ 62-3207. Waivers and appeals.

Waivers. This section of the code does not allow waivers of section 62-3205.

(a)

Where the county manager and/or his designees, and affected agencies find that undue hardship or unreasonable practical difficulty may result from strict compliance with this article, the county manager shall approve a waiver to the requirements of this article if the waiver serves the public interest.

However, if in the opinion of the land development section, the intensity and location of the development warrants an evaluation by the board, the county manager may require that the applicant obtain board approval. The applicant shall be advised by the county manager, when it is determined that board action will be required.

(b)

Conditions. An applicant seeking a waiver shall submit a written request to the county manager 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 preliminary plat, final engineering or final plat approval. The county manager and affected agencies shall not approve a waiver, unless they determine the following:

(1)

The particular physical conditions, 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.

(2)

The granting of the waiver will not be injurious to the other adjacent property.

(3)

The conditions, upon which a request for waiver are based, are peculiar 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.

(4)

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

(5)

Delays attributed to state or federal permits.

(6)

Natural disasters.

(7)

County development engineer and affected agencies concur that an undue hardship was placed on the applicant.

If the county manager and affected agencies approves a waiver, the county development engineer may attach such conditions to the waiver to assure that the waiver will comply with the intent and purpose of this Code.

Appeals. The board of county commissioners shall hear appeals relating to any administrative decision or determination concerning implementation or application of article VIII provisions, and shall make the final decision approving or disapproving the decision or interpretation. Any request for appeal shall be submitted to the land development section within 30 calendar days of any decision or determination. Land development shall schedule a hearing before the board of county commissioners within 30 calendar days of receipt of the written request. The request shall contain the basis for the appeal and appropriate fees.

(Ord. No. 2005-14, § 5, 4-12-05; Ord. No. 09-17, § 4, 5-19-09)

Editor's note

Ord. No. 2005-14, § 5, adopted April 12, 2005, amended § 62-3207 in its entirety to read as herein set out. Formerly, § 62-3207 pertained to appeals and derived from Ord. No. 95-30, § 2, adopted July 11, 1995.