§ 151.192  MODIFICATIONS AND APPEALS.
   Modifications or appeals of the provisions of this subchapter shall be considered in accordance with the following standards.
   (A)   Classification of modifications.
      (1)   Minor modification.  All modifications of this subchapter where the decision-making authority lies with the Director, the County Engineer, or the Multi-Disciplinary Team shall be classified and processed as a “minor subdivision modification”.
      (2)   Major modification.  All modifications other than those listed in subsection (A)(1) above shall be classified and processed as “major subdivision modifications”. The Planning, Building and Zoning Committee shall be authorized to approve major subdivision modifications.
   (B)   Minor modification procedures.
      (1)   Application filing.  Minor modification requests shall be submitted to the Director and shall include: a request from the applicant for subdivision approval, listing the section(s) of this chapter to be modified; the reasons why the modification(s) is/are necessary; and any support information deemed necessary by the applicant to assist the Director, the County Engineer or the Multi-Disciplinary Team in making a decision concerning the requested modification(s).
      (2)   Action on minor modifications.  Upon receipt of a request for a minor modification, the Director shall distribute copies to the County Engineer or Multi-Disciplinary Team, as applicable, for their consideration. Following a review period of not more than five days, the County Engineer or the Multi-Disciplinary Team shall provide a recommendation to the Director. The minor modification may be granted only when it is determined that the requested minor modification will facilitate the review process, will in no way compromise the intent of this chapter, or affect the health, safety, or general welfare of the public. Any action on a minor modification may include reasonable conditions deemed necessary to meet the intent of this chapter.
      (3)   Deferral of action.  The Director, County Engineer, or the Multi-Disciplinary Team may defer a decision on a minor modification request at any time when they believe the request may not be authorized under this subchapter, or when in their opinion, the request contains interrelated impacts that should be assessed by the Planning, Building and Zoning Committee. In these instances, the applicant shall be notified by the Director of the time, place, and reasons for the deferred action so he or she may attend the Planning, Building and Zoning Committee meeting to present testimony relevant to his or her request.
      (4)   Notification.
         (a)   Report to Planning, Building and Zoning Committee.  Upon approving a minor modification, the Director, County Engineer, or the Multi-Disciplinary Team shall provide a report to the Planning, Building and Zoning Committee. This report shall describe the request, standard(s) being modified, and the basis for the decision.
         (b)   Notice to applicant.  The Director shall provide a written notification of the decision to the applicant as follows:
            1.   If the modification is approved, the notification shall list all conditions of approval; and
            2.   If the modification is denied, the notification shall list all reasons for denial and notify the applicant of his or her right to appeal the decision in accordance with this section.
   (C)   Major modification procedure.
      (1)   Application filing.  Major modification requests shall be submitted to the Director and shall include: a request from the applicant describing the specific provision of this subchapter to be modified; the reasons and justifications for the requested modification, in light of the approval criteria of this section; and any plans, reports, or other support information that the applicant deems necessary for the county to evaluate the request.
      (2)   Multi-Disciplinary Team Recom-mendation.  Upon receipt of a request for a major modification, the Director shall distribute copies to the Multi-Disciplinary Team. The Multi-Disciplinary Team shall have ten days to review the request and submit a recommendation to the Director. The Multi-Disciplinary Team’s recommendation shall state the reasons for the recommendation and any suggested conditions of approval. Upon receipt of the Multi-Disciplinary Team’s recommendation, the Director shall prepare a report and recommendation for presentation to the Planning, Building and Zoning Committee and schedule the application for consideration on the next regular agenda of the Planning, Building and Zoning Committee. The Director shall also notify the developer of the time and place of the meeting so he or she can present his or her arguments and all related information to the Planning, Building and Zoning Committee prior to the Committee acting on the request.
      (3)   Planning, Building and Zoning Committee action; approval criteria.  The Director shall present the major modification request to the Planning, Building and Zoning Committee. The Planning, Building and Zoning Committee shall act to approve, approve with conditions, or deny the modification, based on the following factors:
         (a)   The granting of the major modification shall not be detrimental to the public safety, health, or welfare, or injurious to other property or improvements in the neighborhood in which the property is located;
         (b)   Unique conditions exist with the property to be developed that require the modification, and that these conditions are not self-created, and that the applicant had no knowledge of the impact of the regulations on the development of the property at the time of the property’s purchase;
         (c)   The major modification is the least deviation from this chapter that will mitigate the hardship or practical difficulty that exists on the subject property;
         (d)   Absent the requested modification, the applicant will be deprived of the ability to develop the property to the full extent otherwise allowed for in this chapter;
         (e)   The modification shall not in any manner vary any other provisions of this chapter; and
         (f)   The standard sought to be modified serves no public or private interest.
      (4)   Notification.  Following the Planning, Building and Zoning Committee’s action, the Director shall provide written notification to the applicant as follows:
         (a)   If the modification is approved, the modification shall list any and all conditions of approval.
         (b)   If the modification is denied, the notification shall list all reasons for denial and notify the applicant of his or her right to appeal the decision of the Planning, Building and Zoning Committee in accordance with this section.
   (D)   Appeals of decisions.  Developers aggrieved by decisions of the Director, the County Engineer, the Multi-Disciplinary Team, or the Planning, Building and Zoning Committee, may appeal that decision in accordance with the procedures of this subsection (D).
      (1)   Appeals of Director, County Engineer, or Multi-Disciplinary Team actions.
         (a)   Appeals of actions or decisions of the Director, the County Engineer, or the Multi-Disciplinary Team may be taken by filing an appeal with the Director within 20 days of the action or decision.
         (b)   Upon receipt of an appeal, the Director shall place the matter on the agenda of the next regularly scheduled Planning, Building and Zoning Committee meeting and shall notify the appellant of the date, time, and place of the meeting.
         (c)   The Planning, Building and Zoning Committee shall act to uphold or overturn the action or decision.
         (d)   Within five days following the Planning, Building and Zoning Committee meeting, the Director shall provide the appellant with written notice of the Planning, Building and Zoning Committee’s action.
      (2)   Appeals of Planning, Building and Zoning Committee actions.
         (a)   Appeals of actions or decisions of the Planning, Building and Zoning Committee may be taken by filing an appeal with the Director within 20 days of the action or decision. Upon receipt of an appeal, the Director shall notify the Planning, Building and Zoning Committee of the appeal. The Director shall place the matter on the agenda of the next regularly scheduled County Board meeting. The Director shall notify the appellant of the date, time, and place of the County Board meeting.
         (b)   The County Board shall act to uphold or overturn the action or decision of the Planning, Building and Zoning Committee. A two-thirds vote of the entire membership of the County Board shall be required to overturn the decision or action of the Planning, Building and Zoning Committee. The action of the County Board shall be final and binding on all parties. Within five days following the County Board meeting, the Director shall provide the appellant with written notice of the County Board’s action.
(Ord., § 10.8, passed 10-13-2009)