(A) The county, in order to assist in providing moderately priced housing has enacted zoning standards in §§ 1-19-8.620.1 through 8.620.6 of this Code, establishing density bonus provisions which increase the allowable residential density above the maximum base density of the zoning classification if MPDUs are built.
(B) Waiver of requirements. Any applicant who presents sufficient evidence to the Director of the Department of Permits and Inspections in applying for a building permit, or to the Planning Commission in submitting a preliminary plan of subdivision for approval or requesting approval of a site or other development plan, may be granted a waiver from part or all of § 1-6A-5. The waiver must relate only to the number of MPDUs to be built and may be granted only if the Director of the Department of Planning and Development Review, after consulting with the Department of Housing and Community Development, finds that the applicant cannot attain the full density of the zone, because of any requirements of the zoning ordinance or the administration of other laws or regulations. When any part of the land that dwelling units cannot be built on for physical reasons is used to compute permitted density, the applicant’s inability to use the density bonus provisions is not in itself grounds for waiving the MPDU requirements. Any waiver must be strictly construed and limited.
(Ord. 02-25-321, 11-21-2002; Ord. 14-23-678, 11-13-2014; Bill No. 22-27, 10-18-2022)