§ 138-230. Generally.  


Latest version.
  • (a)

    An applicant may seek relief, deviations, and/or adjustments from the dimensional and technical provisions of this Code as a variance, waiver and/or administrative adjustment; these are further described in individual sections of this division. Variances require a public hearing, waivers require a department review, and administrative adjustments require development review committee review.

    (b)

    A variance, waiver and/or administrative adjustment may not be granted to the following:

    (1)

    Density and intensity limitations of the Code and the comprehensive plan.

    (2)

    Land usage restrictions of the Code and the comprehensive plan.

    (3)

    Review and procedural requirements of Code.

    (4)

    State and federal rules, regulations, and standards.

    (c)

    Required information. These requests must be submitted to include the following information:

    (1)

    A proposed site development diagram (concept plan) drawn to scale.

    (2)

    A survey and/or current aerial photograph of the subject site and adjustment properties.

    (3)

    A written explanation and justification of the requested variance, waiver, and/or administrative adjustment.

    (4)

    A written response for each of the criteria for granting of variances, waivers and/or administrative adjustment as listed in this division.

    (5)

    Other supplementation information as required by the county administrator or designee.

    (d)

    Initiation of construction. A variance, waiver and/or administrative adjustment issued under the provisions of this division shall automatically expire within two years from the date of granting such approval if construction of the project has not commenced and continued in good faith. All site plans and building permits must be obtained; and the granting of any variance, waiver, and/or administrative adjustment shall not be deemed as automatic approval for any such permit or site plan required.

    (e)

    Extensions. The county administrator or designee may grant an extension of up to one year upon a showing of good cause, provided the request for extension is submitted in writing stating the reason for extension and is received prior to the expiration of the variance, waiver and/or administrative adjustment.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)