§ 340-40. Modifications and Waivers.

340-40.1   Modifications. Modifications of the design standards set forth in Title 3 of the UDO, in Category 1 of the Architectural Design Standards as described in Section 1 of the Appendix, and the standard drawings as described in Section 2 of the Appendix may be authorized by the Director in specific cases when, in his or her opinion, undue hardship may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographical or other exceptional conditions require such modification, or that the granting of the modification will not adversely affect the general public welfare or nullify the intent of these standards or regulations. Any such modification granted by the Director shall be made in writing to the applicant and also made a part of the Department's records. Application for any modifications shall be filed in writing with the Director by the applicant on a form provided by the Department with necessary supporting documents and application fees as established by the Board of Commissioners and shall explain in detail the reasons and facts supporting the application.

340-40.2   Appeal and Waiver of the Regulations.

A.

Appeals. Appeals of the interpretation by the Director of the requirements of Title 3 of the UDO, of Category 1 of the Architectural Design Standards as described in Section 1 of the Appendix, and of the standard drawings as described in Section 2 of the Appendix shall first be submitted in writing on a form provided by the Department to the Director who shall review the request in a timely manner and receive comments from other affected departments. The appeal thereupon shall be forwarded to the Board of Commissioners for final action in their normal course of business. Exception: appeal requests from the stormwater requirements of Title 3 shall be submitted to the Board of Construction Adjustments and Appeals for action in their normal course of business.

B.

Waivers. Waiver requests of the requirements of Title 3 of the UDO shall be submitted on an application form as prescribed by the Director, along with such fees as shall be established by the Board of Commissioners. The Director shall coordinate the review of each waiver with all other affected County departments and shall summarize such comments or recommendations as may be received to the Board of Commissioners for action in their normal course of business. Exception: waiver requests from the stormwater requirements of Title 3 shall be submitted to the Board of Construction Adjustments and Appeals for action in their normal course of business.