YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE
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b. Upon receipt of a request for a waiver made concurrent with the filing of the
application, County staff shall investigate and analyze the request.
c. The notice requirements of Section 441.H.9 shall apply to all waiver requests.
d. As part of the administrative process, County staff shall approve, approve in
modified form, or deny the request for waiver.
e. Any approval action of a waiver shall be based upon the findings noted in Section
441.H.6 as noted above and the following:
(1) That the strict application of these regulations would preclude reasonable
subdivision development of the subject property; and
(2) That there are special circumstances applicable to the property related to
it’s topography, shape, and/or location that dictate the need for this waiver
to ensure good design and development; and
(3) That the granting of this waiver will not be detrimental to the public health,
safety and general welfare or be injurious to other property in the area in
which said property is situated. This procedure does not apply to waivers
of the Subdivision Regulations. Any waiver of the Subdivision
Regulations must follow the procedure for waivers pursuant to Section 2
(Administration) (Waivers) of the Subdivision Regulations.
f. The applicant or twenty percent (20%) by number of notified property owners
pursuant to Section 441.H.9 may appeal approval or denial of a waiver. In order
to constitute a formal appeal and have the case heard by the Planning and Zoning
Commission and Board of Supervisors, the appeal must be filed within thirty (30)
calendar days of the Notice of Decision. Such appeal shall be subject to the
provisions of Section 441.H.10 and Section 441.H.11 above.