underline-strikeout version of the final draft ordinance - Pima County ...

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For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!A. Variances within adopted Special Flood Hazard Areas as designated by FEMA shall conformto the variance requirements of the Federal Flood Insurance Program as provided within 44 CFR60.6.B. Variances for relief to regulations under this Ttitle for locally regulated floodplains, erosionhazard zones and/or riparian habitat shall conform to variance requirements of this Ttitle. See16.56.0450.C. Any property owner may requesting a variance hearing by filing a variance request petitionwith the Chief Engineer and the Clerk of the Board on a form approved by the District.1. The petitioner shall state the section of the code from which the variance is being sought andshall contain a detailed explanation of the variance request. shall request a variance of the Boardthrough the Chief Engineer.2. The Clerk of the Board Chief Engineer shall schedule a hearing before the Board on therequest for a variance. See pursuant to 16.56.050.D. In accordance with A.R.S. Section 48-3610, whenever a development plan or application hasbeen filed with the District that requires a variance under 44 CFR Part 60 section 60.60 of theCode of Federal Regulations and is within 1 mile of the boundary between the District's area ofjurisdiction and the jurisdiction of a city or town, then the District shall advise, the jurisdiction inwriting. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005)16.56.030Authority to issue variances.To the extent permitted by A.R.S. Section 48-3609, the Board shall hear and decide all requestsfor variances from the requirements of this title. A variance is subject to conditions to ensure thatthe variance does not constitute a grant of special privileges inconsistent with the limitations onsimilar property in a regulatory floodplain or erosion hazard area. (Ord. 2005 FC-2 § 2 (part),2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 17 (A), 1988)16.56.040Issuance of variances-Required findings.Variances shall may only be issued if the Board makes the following five determinations:A. A determination that the variance is the minimum necessary to afford relief, considering theflood hazards;B. A determination of good and sufficient cause;C. A determination that failure to grant the variance would result in exceptional hardship to theapplicant;D. A determination that the granting of the variance will not create a danger or hazard to personsor property in a regulatory floodplain or erosion hazard area in the area of jurisdiction or result inincreased flood heights, additional threats to public safety, the creation of a nuisance, thevictimization of or fraud on the public, or that the variance is not in conflict with other local lawsor titles; andE. Special circumstances, such as size, shape, topography, location, or surroundings of theproperty, would cause strict application of the regulations to deprive the property of theprivileges enjoyed by similar property in a regulatory floodplain or erosion hazard area. Avariance is subject to conditions to ensure that the variance does not constitute a grant of specialprivileges inconsistent with the limitations on similar property in the regulatory floodplain.78
For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!F. Variances within Special Flood Hazard Areas as designated by FEMA shall conform to thevariance requirements of the Federal Flood Insurance Program as provided within Title 44 CFR,Section 60.6 of the Code of Federal Registry. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005;Ord. 1999-FC-1 §§ 1 (part) 1999; Ord. 1988-FC2 Art. 17 (B), 1988)16.56.050Hearing procedures for the Board.A. Petitions: The following petitionapplication and hearing procedures apply to an appeal of awritten findingdecision of the Chief Engineer, or to a variance request, or combination thereof:1. The property owner shall apply in writing and file a petition request on the proper forms withthe Chief Engineer and the Clerk of the Board within 60 days following receipt of the ChiefEngineer's decision.2. The application An appeal petition shall include technical evidence, in support of the appealor variance request.a. An appeal application shall may require include technical evidence that demonstrates why theappeal should be grantedstating why the decision of the Chief Engineer is in error, and shall thatcontains a concise explanation of all matters in dispute, and shall that includes any pertinentmaps, drawings, data, or other information in support of the appeal. If required, technicalevidence shall be prepared and sealed by an Arizona registered civil engineer or, for riparianhabitat mitigation appeals, by an Arizona registered landscape architect or other qualifiedprofessional.b2. A variance request application petition shall state the code section from which the variance issought, provide technical evidence, if necessary, that demonstrates why the variance requestshould be granted and shall include any pertinent maps, drawings, data, or other information asto why the variance should be granted. If required, technical evidence shall be prepared andsealed by an Arizona registered civil engineer or, for riparian habitat mitigation appeals, by anArizona registered landscape architect or other qualified professional.3. Incomplete applications petitions shall not be accepted.a. The Chief Engineer shall notify the applicant within 5 working days of receipt whether or notthe application is deemed complete.b. If the application is determined to be incomplete, the applicant shall submit additionalmaterials and information as may be determined to be reasonably necessary by the ChiefEngineer.4. The Chief Engineer may refer variance requests of a technical nature to the Technical ReviewCommittee. The Technical Review Committee shall hold a hearing to make findings andrecommendations to the Board within 15 days of receipt of the petition from the Chief Engineer.B5. Report from the Chief Engineer: The Chief Engineer, with the assistance, advice, andcounsel of the County Zoning Inspector and the County Planning Director, shall prepare a finalreport and present the findings to the applicant and the Board through the Clerk of the Boardwithin 60 business days of receipt of the petition. The applicant shall have 30 business days torespond to the findings of the Chief Engineer. If the response includes new technicalinformation, the Chief Engineer shall prepare a revised report, and present these findings to theapplicant and the Board through the Clerk of the Board within 30 business days of receipt of thenew technical information.C. Hearing: The Clerk of the Board will schedule a public hearing at the next available Boardmeeting after the response period. Once the hearing is scheduled, no new technical information79
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underline-strikeout version of the final draft ordinance - Pima County ...

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