§ 700-280. WAIVER OF REGULATIONS

(a)

For individual, site-by-site waiver requests, the LA may grant a waiver from specific requirements in this [Chapter] for OSS if:

(1)

The applicant submits a waiver application to the LA which justifies how the requested waiver is consistent with the purpose of this [Chapter]; and

(2)

The LA determines that the waiver is consistent with the purpose and intent of this [Chapter] and would not result in a violation of mandatory state laws and regulations.

(b)

A person aggrieved by a decision of the LA pertaining to a waiver request may appeal the decision to the Environmental Health Appeals Board. The Appeals Board shall process waiver applications according to the procedural rules delineated in Section 700-260.

(c)

If an applicant desires to modify and resubmit a previously denied waiver request, the process described in Section 700-280-A shall be followed again.

(d)

The Health Officer may grant special permits allowing for variances from the provisions of this Ordinance in the case of natural disasters (i.e. fires, floods) and/or unnecessary hardships provided that:

(1)

An expansion of the original structure does not occur; and

(2)

The special permit does not create a potential health hazard and is consistent with the purpose of this [Chapter].

(Ord. No. 1632, § 1, 3-28-2017)