§ 23.2-27. Waiver.

a)

Community residence . An applicant for a permit for a community residence may request that the planning and zoning board or the historic resources preservation board, as applicable, grant it a waiver from the distance requirements of these LDRs. See Article 4 of these LDRs.

1.

An application for a waiver shall be made in writing upon and application form approved by the department for community sustainability, and shall be accompanied by applicable fees. City staff shall review the application in accordance with these LDRs and prepare a report that summarizes the application and the effect of the proposed waiver, including whether the application complies with the standards for granting a waiver.

2.

Notice of the public hearing before the appropriate board shall be by publication, mail and posting pursuant to the provisions in section 23.2-15. The applicant must provide substantial competent evidence to the board that a waiver is required in order to prevent practical difficulties in the siting of its community residence, and that it otherwise meets the requirements of the zoning district in which it is located. The board may grant the waiver, grant it with conditions, or deny the waiver.

3.

The applicant and any affected party may appeal the decision of the board to the city commission pursuant to section 23.2-17. A waiver becomes null and void and of no effect twelve (12) months from and after the date of its final approval.

b)

Historic district or landmark property. A waiver of land development regulations may be granted as part of a certificate of appropriateness for a property within a designated historic district or landmark property. See section 23.5-4 of these LDRs.