Sec. 656.436. - Waivers, appeals.

If an application submitted pursuant to Sections 656.434 and 656.435 is denied by the Zoning Administrator, the applicant may appeal to the Planning Commission. The Planning Commission is authorized to consider a waiver from these supplementary architectural and aesthetic regulations. Applications for waivers shall be in writing on the form prescribed by the Commission and filed with the Department together with the required number of copies and all required attachments. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147 . (a) The waiver may be granted if the Commission finds, based on competent substantial evidence, that the application meets all of the following criteria: (1) There are practical or economic difficulties in carrying out the strict letter of the regulation; (2) The request is not based exclusively upon the desire to reduce the cost of constructing or siting the single-family dwelling; (3) The proposed waiver will not substantially diminish property values in, nor alter the essential character of, the area surrounding the single-family dwelling and will not substantially interfere or injure the rights of others whose property would be affected by the waiver; (4) The proposed waiver will not be detrimental to the public health, safety or welfare, result in additional expense, the creation of nuisances or conflict with any other applicable law. (Ord. 2002-608-E, § 2)