(A) Representation. The Director shall represent this Board before the Board of County Commissioners or before any other public agency or public officer. Toward this end, on matters that are referred to this Board for advice, he or she shall make official recommendations, in accordance with action of this Board.
(B) Approval of subdivision plats. The Director, as well as the Chairperson and Vice Chairperson, shall have authority to sign final approval of any subdivision plats.
(C) Waiver of architectural and site design requirements.
(1) Waiver generally. In order to encourage creative design, to avoid undue hardship, and to expedite the zoning approval process for developments within the county, a waiver of any of the architectural or site design requirements contained within this subchapter may be approved as follows.
(2) Minor waiver. The Director or his or her designee is authorized to grant a minor waiver from the standards of this subchapter subject to the following.
(a) Any request for a waiver of a standard set forth in this chapter, including but not necessarily limited to height requirements and limitation, yard requirements, parking requirements, screening or buffer requirements, planting requirements, ratio requirements, density requirements, spacing requirements, and signage requirements, landscaping material, building design, and parking lot layout shall be granted only after the applicant has demonstrated that:
1. The deviation was a result of unique conditions of the property; or
2. The deviation will result in a project that is at least equal to or better than what would be accomplished under the strict application of this section.
(b) Before granting a minor waiver the Director or his or her designee shall reasonably determine that granting the waiver:
1. Does not and will not violate the spirit and intent of this chapter; and
2. Does not and will not adversely affect the rights of other property owners in any material manner.
(c) A minor waiver may not deviate by more than 10% from any of the measurable standards of this section.
(d) The authority given to the Zoning Administrator to grant such waivers shall be construed to be permissive and not mandatory and the Zoning Administrator may decline to make such waiver. In the event this occurs, the applicant shall have the right to request a variance from the Board of Adjustment.
(e) Nothing in this section shall be construed as limiting the Director’s or his or her designee’s duties and rights under this section, or an applicant’s right to appeal the decision of the Zoning Administrator to the Board of Adjustment.
(D) Yard designation.
(1) On lots which abut more than one street, the front of the lot shall be parallel to the more prominent street. Exceptions may be made to this rule by the Zoning Administrator based upon the arrangement of existing and proposed streets and drives and the orientation of buildings on adjoining lots. Where neither street is more prominent than the other, the Zoning Administrator shall decide which street shall be the front based upon these same criteria.
(2) Where multiple buildings are permitted on a single lot of record, each building shall generally front upon a pedestrian oriented street, either external or internal to the development; side and rear yard designations shall be determined on the basis of building orientation.
(3) On irregularly shaped lots, the location of required front, side, and rear yards will be determined by the Zoning Administrator. The determination will be based on the spirit and intent of this subchapter to achieve an appropriate spacing of buildings and orientation to the streets.
(1996 Code, § 155.214) (Ord. passed 5-21-1984; Ord. passed 4-2-2007; Ord. passed 6-5-2017)