§ 8-15. Variance or exemption.

(a)

The county has the right, but is not obligated, to approve variances or exemptions to the primary guiding documents when a specific clause, section, or provision of the primary guiding documents may not be justified in a particular case because of special conditions or unique circumstances.

(b)

Prior to approving or denying variances or exemptions, the airport manager shall conduct a reasonable and not unjustly discriminatory review of all relevant information to include those items described in subsection (h) of this section as well as any other information requested by the airport manager.

(c)

Approval or denial of a variance or exemption shall be reasonable and consistent with prior decisions involving similar situations at the airport (if any) which are active on the date the county receives the request for the variance or exemption and shall be provided in writing within 90 days from the receipt of the written request.

(d)

If approved, the variance or exemption shall only apply to the special conditions or unique circumstances of the particular case for which the variance or exemption is granted.

(e)

An approval of a variance or exemption shall not serve to amend, modify, or alter the primary guiding documents.

(f)

Requests for variance or exemption can also be denied in accordance with section 8-16.

(g)

When a specific product, service, or facility is not currently being provided at the airport, the county may enter into an agreement with an FBO or SASO with terms and conditions that may be less than those outlined in the primary guiding documents (e.g., reduced rents, lower minimum standards, etc.), only for a limited period of time (i.e., pioneering period). The duration of the pioneering period shall be specified in the agreement.

(h)

Requests for variance or exemption shall be submitted in writing to the airport manager and must state definitively the primary guiding document and the exact clauses, sections, or provisions for which the variance or exemption is being sought, describe the proposed variance or exemption, state the reason or rationale for the proposed variance or exemption, identify potential and/or anticipated impacts on the airport, other entities (including operators and lessees) at the airport, and the community, and identify the duration of the proposed variance or exemption.

(i)

Each variance or exemption shall be requested for and approved or denied separately.

(Code 1982, § 1-2.3-31; Ord. No. 07-051, pt. B, 12-4-2007)