§ 30-495. Waivers.

(a)

Purpose and authority. The purpose of this section is to grant authority to the director of planning and zoning to take action on requests for minor waiver(s) to the zoning requirements. This authority applies to the consideration of minor land divisions only.

(b)

Permitted waivers. The director may approve waivers to allow the creation of a lot that is not more than 0.03 of an acre or one percent, whichever is greater, below the required minimum lot size. This waiver shall apply only to areas that are zoned for a minimum lot size of one acre or more. The approval of environmental health is required prior to the granting of this waiver.

(c)

Application. An application for a waiver must be filed with the planning director on a form prescribed by the director. The application must be accompanied by the following:

(1)

Name and address of the applicant.

(2)

Address and legal description of the property.

(3)

Statement of the precise nature of the waiver being requested.

(d)

Findings. In approving a waiver request, the director shall make a finding that the request complies with subsection (b) of this section.

(e)

Appeals. If the director denies a request for a waiver, the applicant may apply for an appeal before the board of supervisors. Deadlines for action contained in this section do not apply to appeals. The appeal shall be placed on the agenda for the next regular meeting of the board.

( Ord. No. 2001-01 , § 7.00(C)(10), 2-20-2001; Ord. No. 2004-04 , § 7.00(C)(10), 12-6-2004; Ord. No. 2010-06 , § 7.10(C)(10), 4-5-2010)