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2009-017
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2009-017
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Last modified
9/6/2016 2:17:37 PM
Creation date
10/5/2015 8:52:26 AM
Metadata
Fields
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Ordinances
Ordinance Number
2009-017
Adopted Date
10/13/2009
Agenda Item Number
10.A.3.
Ordinance Type
Land Development Regulations Amendment
State Filed Date
10\29\2009
Entity Name
Administrative Mechanisms
Code Number
Chapter 902
Subject
Individual Development Projects, Permanent Exceptions
Codified or Exempt
Codified
Supplemental fields
SmeadsoftID
7418
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ORDINANCE 2009- 017 <br />(3) Considered at a hearing held no more than 12 business days after receipt of the appeal <br />or referral. At the hearing, the board of county commissioners may approve a <br />temporary suspension request if it finds that all temporary suspension criteria of sub - <br />subsection (B)(1)a-f above are satisfied. <br />(E) Conditions authorized. The county administrator or his designee or, upon referral or appeal, <br />the Bboard of Ocounty Ccommissioners may impose conditions including but not limited to a <br />cash deposit which will be forfeited for non-compliance within a time specified. <br />(F) Consequences of Non-compliance. In the event that the specified corrective action(s) is not <br />completed prior to the end of the specified suspension timeframe, the project owner shall be <br />deemed in violation of the land development regulations, shall forfeit any required cash <br />deposit for compliance, and shall be subject to code enforcement action. In addition, the <br />county shall withhold issuance of any future development order, building permit, certificate of <br />completion, or certificate of occupancy associated with the project site unless and until the <br />violation is corrected. Notwithstanding the above, a certificate of occupancy may be issued <br />for a residential unit within a subdivision project site deemed to be in violation if security is <br />posted with the county that guarantees correction of the violation. For purposes of these <br />regulations, the subdivision project site shall mean the development area that is the subject of <br />the certificate of completion. <br />(G) Limitation. No temporary suspension of compliance shall be granted for building code or fire <br />code items, or other items directly related to public safety. <br />(15) The board of county commissioners may hear requests for permanent exceptions to <br />specific land development regulations for individual development protects, as provided below. <br />(A) Purpose and intent. This section is established to provide criteria and procedures for <br />reviewing permanent exceptions to specific land development regulations for individual <br />development proiects by the board of county commissioners. A permanent exception is <br />a waiver or modification of a land development regulation not related to public safety or <br />other particular types of standards or requirements defined herein, and is intended to <br />allow development with a superior or functionally equivalent alternative design and/or <br />improvements than would otherwise result under strict compliance with the excepted <br />regulation. <br />(B) Approving authority and required rindings. The board of county commissioners is <br />authorized to grant a permanent exception to a land development regulation as applied <br />to an individual development proiect, upon making the following findings of fact: <br />(1) That the permanent exception does not relate to any of the following types of <br />standards or requirements: <br />a. Building code <br />b. Fire code <br />C. Setbacks <br />d. Building height <br />e. Open space or building coverage <br />Bold Underline: Additions to Ordinance 3 <br />C`' h! Deleted Text from Existing Ordinance <br />F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 perex after BCC.RTF <br />
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