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YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE Page 68 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.
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