§ 25-2-1082. ADMINISTRATIVE WAIVER FOR PROPERTY IN DEVELOPMENT RESERVE (DR) DISTRICT.

(A)

This section applies only to property to which the compatibility standards apply because the property is 540 feet or less from a development reserve (DR) zoning district.

(B)

The director may waive the application of this article to property that is not located more than 1,000 feet from a roadway, if property in the development reserve (DR) district that triggers the compatibility standards has frontage on a road classified by the Transportation Plan as a minor arterial or larger roadway.

(C)

Before waiving the application of this article under this section, the director must review for property 540 feet or less from the property for which the waiver is sought:

(1)

each existing land use and proposed development; and

(2)

each approved preliminary subdivision plan or final subdivision plat.

(D)

The director shall issue notice of the director's decision on the waiver under Section 25-1-133(B) ( Notice Of Applications And Administrative Decisions ). The granting or denial of a waiver under this section may be appealed to the Land Use Commission.

Source: Section 13-2-731(a)(4); Ord. 990225-70; Ord. 000309-39; Ord. 010607-8; Ord. 031211-11.