A. Waivers:
1. Scope: A waiver from a provision of this chapter may be granted by the technical review committee (refer to Section 18.99.040, Review Committees) when the strict application of the provision would require work by the permit holder detrimental to the purposes of this chapter and cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights.
2. Standards: A waiver shall not be granted unless:
a. The hardship is not generally caused to other properties subject to the provision;
b. The waiver is the minimum necessary to afford relief;
c. The waiver will not be materially detrimental to the rights of owners and residents of other affected properties; and
d. The waiver is in harmony with the intent and purposes of this code and the provision of this chapter from which the waiver is requested.
3. Conditions: Conditions may be imposed on a waiver that will:
a. Secure the intent and purposes of this code and the provision of this chapter from which the waiver is granted; and
b. Provide adequately for the protection of surrounding property owners and residents.
4. Application: The request for waiver shall be made on a form provided by the planning and development service department and shall be heard within sixty days. Hearing fees shall be required.
5. Review and notice: The committee shall hold a hearing on the waiver request and, within five working days, notice of the decision shall be mailed to all property owners within three hundred feet of the grading site. Failure to provide notice shall not invalidate an action of the committee.
6. Appeal: A decision of the committee may be appealed within fifteen days of the decision to the board of adjustment in accordance with Chapter 18.93.
B. Interpretation review:
1. Scope: Upon request by an affected person who believes there has been a misinterpretation, the technical review committee shall review an interpretation of a provision of this chapter made by a county official.
2. The request for review shall cite:
a. The disputed interpretation made by the county official; and
b. The words alleged to have been misinterpreted.
3. Application: The request shall be made on a form provided by the planning and development services department and shall be heard within sixty days. Hearing fees shall be required.
4. Review and notice: The committee shall hold a hearing on the waiver request and, within five working days, notice of the decision shall be mailed to all property owners within three hundred feet of the grading site. Failure to provide notice shall not invalidate an action of the committee.
5. Appeal: A decision of the committee may be appealed within fifteen days of the decision to the board of adjustment in accordance with Chapter 18.93.
C. Appeal to superior court: Appeal from a decision of the board of adjustment may be made to the superior court by the owner or affected persons.
(Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)