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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 />