Chapter 3.60
APPEALS, MODIFICATIONS AND WAIVERS

Sections:

3.60.010    Purpose.

3.60.020    Appeals.

3.60.030    Modifications and waivers.

3.60.010 Purpose.

In order to ensure that the application of the requirements contained in these regulations does not prevent reasonable subdivision development that is consistent with the county comprehensive plan, zoning ordinance, and other adopted plans and goals of Pinal County, this chapter provides for appeals, modifications and waivers procedures that may grant relief to the subdivider. [Ord. 120606-SR § 1201].

3.60.020 Appeals.

A.  The board shall hear and decide appeals taken from any order, requirement, decision, grant or refusal made by the planning director, commission or any official in administration of these regulations.

B.  Appeals shall be made in writing and filed with the planning director within 15 days from the issuance date of the order, requirement, decision, grant or refusal that is being appealed. The written appeal shall set forth the particulars and reasons for the appeal, accompanied by the appropriate processing fee as set forth in the adopted planning and development services fee schedule.

C.  Hearing on such cases shall be at such times as may be set by the board, and upon not less than 15 days or more than 30 days’ notice to the subdivider, the commission or officials concerned. [Ord. 120606-SR § 1202].

3.60.030 Modifications and waivers.

A.  Request for modification or waiver to the requirements of these regulations may be made by the subdivider in writing to the planning director. Requests related to public works requirements will be forwarded by the planning director to the county engineer for review and recommendation.

B.  The request shall cite the specific sections to be varied or waived, the exceptional or extraordinary situation or condition for each and every modification or waiver requested and the proposed substitution, if any. When the request is submitted by the subdivider, it must be accompanied by the appropriate processing fee as set forth in the adopted planning and development services and public works fee schedules.

C.  The planning director or the county engineer and other appropriate county reviewing departments shall make a recommendation to the board on requests submitted by the subdivider. The request shall be heard by the board prior to final plat approval by the board. Board action on any modification or waiver request shall be noted in the meeting minutes.

D.  Recommendations by the planning director or the county engineer for either approval or denial of a modification or waiver request shall not suspend review or other recommendations by appropriate agencies.

E.  Upon receipt of the planning director’s or the county engineer’s recommendation, the board may approve or deny the request for modification or waiver. In approving a modification or waiver, the board may make one of the following findings, or may make other findings as deemed reasonable and consistent with the intent of these regulations:

1.  There are exceptional or extraordinary circumstances or conditions affecting said property whereby the strict application of the regulation enacted herein would result in peculiar and exceptional practical difficulties to the subdivider.

2.  The granting of the modification or waiver will not be detrimental to the public welfare or injurious to other property in the area.

3.  The granting of the modification or waiver will not impair or nullify the intent and purposes of these regulations, the county zoning ordinance or comprehensive plan. [Ord. 120606-SR § 1203].