§ 74-14. Waivers.
(a)
Except for requirements which must be modified through rezoning, conditional use, or the granting of a variance, the planning commission may, upon the submission of an application by the landowner, grant modifications, with or without conditions, to requirements specified in this chapter. The planning commission shall fix a reasonable time for the hearing of an application under this section and decide the same within 60 days after its first hearing on the matter, unless the applicant requests or consents to action beyond such time or unless the applicant withdraws the request.
(b)
No modification to a development standard or requirement shall be authorized by the planning commission unless it considers and determines substantial compliance with all of the following factors:
(1)
By reason of the exceptional narrowness, shallowness, size or shape of the specific piece of property or nearby properties or by reason of exceptional topographic conditions or other exceptional situation or condition relating to such properties, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property.
(2)
The granting of the modification will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience, and the hardship is not shared generally by other properties in the same zoning district and the same vicinity.
(3)
The modification will not be injurious to the use and enjoyment of adjacent property owners; will not diminish or impair property values within the neighborhood; will not change the character of the district; and will not be detrimental to or endanger the public health, safety or general welfare.
(4)
The condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.
(5)
The granting of such modification will allow the project to comply with the comprehensive plan.
(6)
The granting of the modification will not constitute the granting of a variance, special exception, conditional use or a rezoning.
(7)
Ordinary financial considerations are not the principal reason for the requested modification.
(8)
The requested modification does not amend a property-specific condition imposed by the board of supervisors or the board of zoning appeals, unless such condition specifically grants such modification authority to the planning commission.
(9)
The applicant did not create the condition or situation generating the need for the modification and the applicant has exhausted all other practicable solutions to the problem, including, but not limited to, the acquisition of additional property, the elimination or redesign of structures, or the reduction of development density.
(10)
The modification shall constitute the minimum necessary modification to the appropriate development standard or requirement to resolve the hardship. The planning commission shall not grant a permanent modification to a standard or requirement if a temporary modification will suffice.
(c)
If the applicant disagrees with the planning commission's final decision, he may file a written appeal with the circuit court within 60 days of that decision. In addition, adjacent property owners may appeal the planning commission's final decision by filing a written appeal with the circuit court within 60 days of that decision. Notwithstanding the foregoing, adjacent property owner appeals shall be limited to conditions which directly affect those property owners and include one or more of the following: access, utility locations, buffers, conditions of zoning, architectural treatment or land use transitions. The court shall fix a reasonable time for hearing the appeal. During the appeal, the director of planning shall not approve any applicable site plan, building permit or plat for any construction that would or could be affected by the appeal.
(Ord. No. 14-08, 2-10-2015)
(Ord. No. 14-08, 2-10-2015)