Chapter 16.90


16.90.010    Waivers and interpretation review.

16.90.010 Waivers and interpretation review.

A. Waivers.

1. Scope. A waiver from a provision of this title may be granted by the town engineer when the strict application of the provision would require work by the permit holder detrimental to the purposes of this title and cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights.

2. Standards. A waiver shall not be granted unless:

a. The hardship is not generally caused to other properties subject to the provision;

b. The waiver is the minimum necessary to afford relief;

c. The waiver will not be materially detrimental to the rights of owners and residents of other affected properties; and

d. The waiver is in harmony with the intent and purposes of this code and the provision of this title from which the waiver is requested.

3. Conditions. Conditions may be imposed on a waiver that will:

a. Secure the intent and purposes of this code and the provision of this title from which the waiver is granted; and

b. Provide adequately for the protection of surrounding property owners and residents.

4. Application. The request for waiver shall be made in writing to the public works department and shall be decided within 60 days.

B. Interpretation Review.

1. Scope. Upon request by an affected person who believes there has been a misinterpretation, the development review committee, composed of one staff member each from planning and zoning, public works, and building safety, shall review an interpretation of a provision of this title made by the town engineer.

2. The request for review shall cite:

a. The disputed interpretation made by the town engineer; and

b. The words alleged to have been misinterpreted.

3. Application. The request shall be made in writing to public works.

4. Review and Notice. The development review committee shall make a decision on the interpretation request within 30 days of application and, within five working days, notice of the decision shall be provided to the applicant.

C. Appeal to Superior Court. Appeal from a decision of the town engineer or development review committee may be made to the superior court by the owner or affected persons. [Ord. 2022-163 § 1.]