§ 102-186. Variances and Waivers Granted by the Planning Director.

(a)

Purpose. The purpose of this section is to establish authority, procedures, and standards for the granting of variances and waivers from certain requirements of this Land Development Code, as specified in this section.

(b)

Authority and scope of authority. The Planning Director is authorized to grant the following variances and waivers according to the standards of subsections (f), (g) and (h) of this section:

(1)

For variances pursuant to subsection (f) of this section, reduction of front or rear yard non-shoreline setback requirements, as provided in chapter 131, by up to ten (10) feet; and reduction of non-shoreline side yard setback requirements, as provided in chapter 131, by up to five (5) feet;

(2)

For front yard setback waivers pursuant to subsection (g) of this section, reduction of the front yard non-shoreline setback requirements in Chapter 131 by up to ten (10) feet;

(3)

For special accessibility setback variances pursuant to subsection (h) of this section, reduction in the front, rear, or side yard non-shoreline setback requirements in chapter 131, by up to the amount necessary to facilitate the accessibility-related development;

(4)

Reduction in the off-street parking requirements in chapter 114, article III, by no more than twenty (20) percent;

(5)

Reduction in the bufferyard width requirements for class C, D, E, and F district boundaries, major streets, and scenic corridors in chapter 114, article V by no more than ten (10) percent;

(6)

Reduction in the total area of landscaping required for off-street parking and loading in chapter 114, article III, by no more than ten (10) percent; and

(7)

Reduction in the loading/unloading space dimensional requirements in chapter 114, article III.

(c)

Application. An application for a variance or waiver under this section shall be submitted to the Planning Director on a form approved by the Planning Director accompanied by a nonrefundable application fee as established from time to time by the BOCC to defray the actual cost of processing the application.

(d)

Procedures. The Planning Director shall normally complete his review of the entire application and render a proposed decision within 30 days of receipt of a complete application.

(e)

Decision. The Planning Director's decision shall be in writing. A variance or special accessibility waiver shall only be granted if all of the standards in subsection (f) or (g) of this section, respectively, are met.

(f)

Variances. The Planning Director has the authority to grant a variance as described in (b)(1), (4), (5), (6), and (7) of this section, with or without conditions, if and only if the applicant demonstrates that all of the following standards are met:

(1)

The applicant shall demonstrate a showing of good and sufficient cause for the requested variance;

(2)

Failure to grant the variance would result in exceptional hardship to the applicant;

(3)

Granting the variance will not result in increased public expenses, create a threat to public health and safety, create a public nuisance, or cause fraud or victimization of the public;

(4)

Property has unique or peculiar circumstances;

(5)

Granting the variance will not give the applicant any special privilege denied to another property owner of the other properties in the immediate neighborhood in terms of the provisions of this chapter or established development patterns;

(6)

Granting the variance is not based on disabilities, handicaps or health of the applicant or members of his family;

(7)

Granting the variance is not based on the domestic difficulties of the applicant or his family; and

(8)

The variance is the minimum necessary to provide relief to the applicant.

(g)

Front yard setback waivers. The Planning Director has the authority to grant a waiver reducing a front yard non-shoreline setback requirement by up to ten (10) feet, with or without conditions, if and only if the applicant demonstrates that all of the following standards are met:

(1)

The existing setback average, as measured pursuant to the definition of "setbacks" in section 101-1, along the road that is subject to the front yard setback waiver application is less than the land use (zoning) district standard, as established in section 131-1;

(2)

The waiver will not result in a setback that is less than the existing front yard setback to the further most projection of the main building that is closest to the front lot line on a contiguous lot on either side of the subject property; and

(3)

At least one contiguous property along the road that is subject to the front yard setback waiver application shall be developed at the time of application. In the event that all contiguous parcels on either side of the subject property along the road that is subject to the front yard setback waiver application are vacant, the property shall not be eligible for a front yard setback waiver.

(h)

Special Accessibility Setback Variances. The Planning Director has the authority to grant a variance reducing a front, rear or side yard non-shoreline setback requirement for an elevator, lift or ramp specifically required to allow access of a disabled household member to the subject dwelling unit, or to allow accessibility upgrades to a lawfully existing nonresidential use/structure, up to the amount necessary to reasonably facilitate the accessibility-related development as determined by the Planning Director upon review of the application, if and only if the applicant demonstrates that the following standards are met:

(1)

The applicant shall demonstrate a showing of good and sufficient cause;

(2)

Failure to grant the variance would result in exceptional hardship to the applicant;

(3)

Granting the variance will not result in increased public expenses, create a threat to public health and safety, create a public nuisance, or cause fraud or victimization of the public;

(4)

The variance is the minimum necessary to provide relief to the applicant.

(i)

Public notification of proposed approval. After determining that an application for a variance or a waiver complies with the requirements of this section, the Planning Director shall provide written notice of proposed approval and require posting as follows:

(1)

The Planning Director shall provide written notice by regular mail to owners of real property located within 600 feet of the property that is the subject of the proposed variance or waiver.

(2)

The applicant shall post the property of the proposed variance or waiver with a waterproof sign(s) prepared and provided by the Planning and Environmental Resources Department, which shall be posted in a manner to be easily visible from all public roads abutting the property. The property shall remain posted for no less than 30 consecutive calendar days beginning within five working days of the date that the application is deemed to be in compliance by the Planning Director.

(3)

The notice and posting shall provide a brief description of the proposed variance or waiver and indicate where the public may examine the application. The cost of providing notice and posting shall be borne by the applicant.

(j)

Decision by the Planning Director. After 30 calendar days of proper posting, review of all public responses to the variance or waiver application and upon a finding that the proposed variance or waiver and application have or have not complied with the requirements and standards of this section, the Planning Director shall issue a written variance decision.

(k)

Public hearing by the Planning Commission. If requested in writing by the applicant, or an adversely affected owner or resident of real property located in the county during the required 30 calendar days of posting, a public hearing shall be scheduled on the application for a variance or waiver after the 30th day of posting. All costs of the public hearing shall be the responsibility of the applicant for the variance or waiver. The public hearing shall be conducted in accordance with section 110-5 and provisions of section 102-187.

(l)

Development under approved variances and waivers. The granting of a setback variance or waiver by the Planning Director is based on the design and placement of the structure(s) as shown on the approved site plans and does not reduce or waive any other required setbacks for any future structures or additions. Work not specified or alterations to the site plan may not be carried out without additional approval(s).

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)