§ 32-4-107. WAIVERS.

(a)

In general.

(1)

At the request of a department director, the Hearing Officer may grant a waiver of any or all requirements of Subtitles 3, 4, and 5 of this title if the Hearing Officer finds that:

(i)

1.

The size, scope, and nature of a proposed development does not justify strict compliance with this title;

2.

A waiver would be within the scope, purpose, and intent of this title; and

3.

All other county laws and regulations have been complied with; or

(ii)

Compliance with this title would cause unnecessary hardship.

(2)

A waiver shall be granted only in accordance with Title 8 of this article.

(b)

Waivers - Development Plan requirements.

(1)

The Director of Permits, Approvals and Inspections may waive the Development Plan requirements under §§ 32-4-221(b) and (c) and 32-4-222 through 32-4-224 of this title and the Hearing Officer's hearing if, after consultation with appropriate county agencies, the Director finds:

(i)

That the size, scope, and nature of a proposed development does not justify strict compliance with this title; and

(ii)

That a waiver would be within the scope, purpose, and intent of this title; and

(iii)

That the proposed development complies with all other county laws and regulations.

(2)

Before proposing to grant a waiver for development within the critical area, the Director of Permits, Approvals and Inspections shall obtain recommended findings from the Director of Environmental Protection and Sustainability based on the standards specified under § 32-4-226(d)(1)(iv) of this title.

(1988 Code, § 26-172) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 173-93, § 3, 11-17-1993; Bill No. 8-96, § 3, 3-23-1996; Bill No. 79-01, § 2, 7-1-2004; Bill No. 75-03, § 8, 7-1-2004; Bill No. 122-10, §§ 12, 30, 1-16-2011)