Applications for waivers from conditions shall be processed per Table 30.16-15.
Table 30.16-15 WAIVER OF CONDITIONS - AUTHORITY AND CONSIDERATION TABLE SEE ALSO 30.16.210
for general process information and standards
a. Initiating Authority
Property owner, leaseholder, or Board.
b. Standards for
Acceptance
An application may be accepted to waive a condition imposed by the Zoning Administrator,
Director of Public Works, Commission or Board on any approved Land Use Application
or tentative map application, providing the waiver is heard by the original or higher
approval authority. Applications subject to the Cooperative Management Area Deed Modification
Policy shall not be accepted without confirmation from the Department of Aviation.
The waiver may be submitted in conjunction with a subsequent Land Use Application.
If the plan was originally approved by a public hearing, the waiver shall also be
a public hearing.
c. Base Fee
$300 plus the notification fee required by the original application.
d. Application Process
The same hearing process conducted for the original application.
e. Notice
Requirements
The same radius notification currently required for the original application (See
original application type).
f. Recommending Entities
Government Entities, and Town Board.
g. Approval
Authority
Commission or Board or at the discretion of the Zoning Administrator.
Board for the following:
1.
Applications requiring a deed modification pursuant to the Cooperative Management
Area Deed Modification Policy.
h. Appeal
Authority
Board.
i. Standards for
Approval
1.
Upon finding that the condition will no longer fulfill its intended purpose, the
authority may waive conformance to the condition.
2.
Applications for projects approved through a nonconforming zone boundary amendment
shall demonstrate with clear and convincing evidence that any proposed waiver will
not adversely impact neighboring properties.
j. Application Expiration
No time limit provided the original application does not expire, unless otherwise
approved.
