§ 154.437 MAJOR WAIVERS OR MODIFICATIONS.

   (A)   Application filing. Complete applications for major waivers or modifications must be submitted to the Chief Subdivision Engineer. At a minimum, the application must include:

      (1)   A description of specific requirement or standard to be waived or modified; and

      (2)   The reasons and justifications for the request.

   (B)   Review and action. Requests for major waivers or modifications must be processed concurrently with applications for plat approval. The process is the same as required for major subdivision approval except that final authority to approve or deny the requested major waiver or modification rests with the full County Board.

   (C)   Approval criteria. Major waivers or modifications may be approved or recommended for approval only if review and decision-making bodies find that:

      (1)   Because of the particular physical surroundings, shape, topography or other specific conditions of the subject property, strict compliance with this chapter would cause a particular hardship upon the property owner, as opposed to a mere inconvenience;

      (2)   The conditions upon which the waiver or modification request are based are unique to the subject property and not applicable, generally, to other property;

      (3)   The hardship has not been self-created;

      (4)   The requested waiver or modification will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the area in which the subject property is located;

      (5)   The requested waiver or modification does not conflict with the County Stormwater Management Ordinance; and

Commentary:
   Requests for waivers of modifications to the County Stormwater Management Ordinance may be processed only in accordance with the requirements of the Stormwater Management Ordinance.

      (6)   The waiver or modification is the least deviation from this chapter that will mitigate the hardship found to exist on the subject property.

(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)