(A) Inspections. The Enforcement Officer or his or her representative shall make inspections of the development as may be necessary to determine that these developments are being constructed and operated in accordance with these regulations.
(B) Existing developments. Any multi-family development existing at the time of the adoption of this subchapter shall be allowed to continue. Any expansion or addition in the number of living units shall meet the requirements of this subchapter.
(C) Procedure for granting special exceptions. Upon the written request from the developer or property owner, the County Planning Board shall hear requests for special exceptions to the requirements of this subchapter. Special exceptions may be approved only upon a finding of practical difficulty or unnecessary hardships, which result from conditions beyond the control of the developer or the property owner. The following procedure will be used in considering special exceptions.
(1) Request in writing from the developer stating reasons for special exceptions shall be submitted to the Planning Board 30 days prior to its regular meeting.
(2) The Planning Board will hold a public hearing on the request.
(3) The Planning Board shall approve the special exception if:
(a) Approval will not contradict the purposes of the subchapter;
(b) Approval will not lower the value of adjoining or abutting property;
(c) Approval of the exception of modification will be based on an applicable national standard; and
(d) Approval does not grant a special privilege to the owner or the developer.
(4) If the Board denies the request, it shall enter its reasons in the minutes.
(5) If the Board approves the request, it may attach special conditions.
(D) Appeal.
(1) A developer shall have recourse to the County Board of Commissioners for an appeal of a decision by the Planning Board or Enforcement Officer in matters concerning authorization for construction, certification of compliance and enforcement of this subchapter.
(2) The developer shall give written notice of this request for a hearing to the County Manager at least 30 days before a regularly scheduled meeting of the Board of Commissioners.
(3) Appeal of the decision by the Board of Commissioners shall be to Superior Court.
(E) Fees. The County Board of Commissioners may establish fees for the purposes of enforcing this subchapter.
(F) Enforcement.
(1) Compliance with plan requirements. If, through inspection, it is determined that a person constructing a multi-family development, has failed to comply with this subchapter, a notice to comply shall be served upon that person by certified mail. The notice shall inform that person that he or she must cease construction until he or she complies with this subchapter. If that person fails to cease construction and comply with this subchapter, he or she shall be deemed in violation of this subchapter.
(2) Injunctive relief. Whenever the County Board of Commissioners has reasonable cause to believe that any person is violating or threatening to violate this subchapter or any term, condition or provision of a multi-family development plan, it may, either before or after the institution of any other action or proceeding authorized by this subchapter, institute a civil action in the name of the county for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of the county. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgements as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this division (F)(2) shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this subchapter.
(G) Effect on other laws. Wherever the provision of any other laws, ordinance or regulation imposes higher standards than are required by the provisions of this subchapter, the provisions of such law, ordinance or regulation shall govern. It is not intended that this subchapter interfere with or annul any easements, covenants or other agreements between parties. Where this subchapter provides a higher standard than those required by existing ordinances, regulations, easements, covenants or agreements, the provisions of this subchapter shall govern.
(H) Separability. Should any section or provision of these regulations be held void or invalid by the courts for any reason, it shall not affect the validity of any other section or provision hereof which is not itself held void or invalid.
(I) Effective date. Upon adoption by the County Board of Commissioners.
(Ord. passed 12-16-1985)