§ 23-211. Hardship due to buffer requirement.

Should an applicant be unable to meet the buffer requirements for single-family residences, a variance may be requested. This variance will apply to the adjustment of the buffer width and does not automatically eliminate the buffer zone. To qualify for hardship, the applicant must meet the following:

(1)

The buffer width cannot be met with reasonable reconfiguration of the site plan.

(2)

The wetland line has been delineated.

(3)

Construction will not occur within the wetlands unless:

a.

No upland alternatives exist;

b.

No significant loss of wetland function occurs; and

c.

The activity has received all appropriate agency permits.

(4)

Stormwater management techniques will be implemented to protect water quality.

(5)

Removal of natural vegetation is minimized.

(6)

Lots existing as of January 1, 1990, may be considered for a variance for reasons other than hardship with regards to the standards of this article upon a showing of good cause.

(7)

Variance procedure:

a.

The administrative official, or designee, shall, following the receipt of the completed application for a variance, review the application and, within fifteen (15) days, issue a notice of intent, for either the approval or the denial of the variance.

b.

If the notice of intent is to approve the variance, a mailing shall be issued to the property owners within two hundred fifty (250) feet of the property under consideration for the variance. This notice shall indicate that it is the administrative official's intent to approve the requested variance fifteen (15) days after the date of the mailing if no appeal is filed. The notice of intent shall be forwarded to the board of county commissioners.

c.

If no appeal is filed within fifteen (15) days objecting to the administrative official's decision to approve the variance, the decision shall stand. If an appeal is filed by 5:00 p.m. on the fifteenth day, the administrative official shall schedule a public hearing before the board of county commissioners to hear the application for the variance.

d.

If the administrative official's intent is to deny the requested variance, the administrative official shall send notification letters to the applicant and the property owners within two hundred fifty (250) feet of the property under consideration for the variance, indicating the administrative official's intent to deny the variance. The notice of intent shall be forwarded to the board of county commissioners.

e.

If no appeal is filed within fifteen (15) days objecting to the administrative official's decision to deny the variance, the decision shall stand. If an appeal is filed by 5:00 p.m. on the fifteenth day, the administrative official shall schedule a public hearing before the board of county commissioners to hear the application for the variance.

f.

Notice for variances under this section that require a public hearing before the board of county commissioners shall be in accordance with the notice provisions for variances under appendix A (zoning), article V (administration), section 3 (appeals and variances).

(Ord. No. 90-17, § 11, 8-23-90; Ord. No. 2013-11, § III, 4-23-13)