§ 30-10. Exceptions from standard.

Exceptions from the design standards in article IV of this chapter may be allowed if a developer demonstrates to the satisfaction of the county that the deviations proposed will not be detrimental to the public health, safety and welfare.

(1)

Proposed exceptions from design standards may be administratively approved by the director, upon concurrence from the reviewing county departments. The applicant shall provide, with their submittal of a preliminary plan or final plat, five copies of a written proposal outlining any instances of exception or deviation from these standards, along with justification for the need for the exceptions. The county may require additional documentation to better prove the need for a given exception, or to adequately mitigate issues that may arise from the proposed exception(s).

a.

Proposed exceptions typically should involve circumstances of significant terrain or other site constraint beyond the control of the applicant that necessitate the exception. Additionally, exceptions may be considered reasonable if the applicant demonstrates that the use of an alternate design standard would result in a subdivision design better than that which would occur with compliance to the county standard.

b.

The director may approve a design exception(s), upon the concurrence or statement of "no objection" from the county engineer. Such approvals shall not require consideration by the planning and zoning commission or board of supervisors.

c.

If either reviewing department does not support a proposed design exception, that exception request shall be considered by the commission and board, with their consideration of the preliminary plan for the project, or if no preliminary plan is required or the plat is at final plat, concurrently with scheduling a first phase final plat for consideration by the board.

(2)

Proposed exceptions from improvement requirements or improvement standards shall require approval by the board of supervisors, after receiving recommendations of approval from the planning and zoning commission and the county engineer, for the exceptions to be allowed as a part of a proposed subdivision.

( Ord. No. 2001-01 , § 1.10, 2-20-2001; Ord. No. 2001-09 , § 1.10, 11-5-2001; Ord. No. 2004-04 , § 1.10, 12-6-2004; Ord. No. 2010-06 , § 1.10, 4-5-2010)