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The Director may grant a waiver of certain requirements of this Ordinance, as set forth below, if a thorough investigation by the Director reveals (i) that compliance with such requirement would cause a clearly demonstrable hardship (including, without limitation, an economic hardship) to the property owner that outweighs the benefits that may result to the public from requiring such compliance, and (ii) that the granting of such waiver shall not subject the public to unreasonable risk to public health. Any building: 1) located within and considered by the Zoning Administrator, or designee, to be a contributing resource to a County Historic Site (HS) District or Historic and Cultural Conservation (HCC) District under Section 6-1800 et seq. of the Revised 1993 Zoning Ordinance, as amended; or 2) listed or eligible for listing in the Virginia Landmarks Register (VLR) or the National Register of Historic Places (NRHP); or 3) listed or eligible for listing as a contributing resource to a VLR or NRHP listed or eligible Historic District, shall comply with this ordinance to the greatest extent possible but shall be granted a waiver to requirements of this ordinance to the extent that the Director determines compliance cannot be obtained. The Health Department shall have a written policy approved by the Loudoun County Administrator detailing the administration of waivers. Upon petition by the property owner the Health Director has authority to grant waivers to the following Sections of this Ordinance:
Notwithstanding the provisions of Section 1066.21, if the Director denies a request to waive the requirement of Section 1066.09(b), such denial shall be in writing stating the reasons for such denial and may be appealed by the owner of the property to the Board of Supervisors or a board committee designated by the Board of Supervisors. Such appeal shall be filed within ten (10) calendar days from the date of the denial by filing a notice of appeal with the Director. Such notice shall be a written statement specifying the reasons for the appeal and shall include (i) a copy of the denial letter; (ii) the date upon which the denial was issued; (iii) the specific reasons and justification as to why the waiver should be granted; and (iv) any additional supportive data or other related material desired to be included in the record. Upon receipt of the appeal notice, the Director shall place the appeal upon the next available regularly scheduled business meeting agenda of the Board or designated board committee. At such meeting, the Board or designated board committee shall take such testimony as it deems appropriate (the "Appeal Hearing") and shall render its decision within thirty (30) calendar days after the Appeal Hearing. The Board or designated board committee may reverse or affirm wholly or partly or modify the decision of the Director. The Director shall not be required to schedule the date for the Appeal Hearing until all of the items (i) through (iv) above have been received by the Director.
(Ord. 17-03. Passed 1-19-17.)