§ 2-25-41. Special master recommendation.

(a)

Circumstances to be examined. The special master shall examine the following circumstances in determining whether the development order or enforcement action, or the development order or enforcement action in conjunction with regulatory efforts of other governmental parties, is unreasonable or unfairly burdens use of the property may include, but are not limited to:

(1)

The history of the real property, including when it was purchased, how much was purchased, where it is located, the nature of the title, the composition of the property, and how it was initially used;

(2)

The history of development and use of the real property, including what was developed on the property and by whom, if it was subdivided and how and to whom it was sold, whether plats were filed or recorded, and whether infrastructure and other public services or improvements may have been dedicated to the public;

(3)

The history of environmental protection and land use controls and other regulations, including how and when the land was classified, how use was prescribed, and what changes in classifications occurred;

(4)

The present nature and extent of the real property, including its natural and altered characteristics;

(5)

The reasonable expectations of the owner at the time of acquisition, or immediately prior to the implementation of the regulation at issue, whichever is later, under the regulations then in effect and under common law;

(6)

The public purpose sought to be achieved by the development order of enforcement action, including the nature and magnitude of the problem addressed by the underlying regulations on which the development order or enforcement action is based; whether the development order or enforcement action is necessary to the achievement of the public purpose; and whether there are alternative development orders or enforcement action conditions that would achieve the public purpose and allow for reduced restrictions on the use of the property;

(7)

Uses authorized for and restrictions placed on similar property; and

(8)

Any other information determined relevant by the special master.

(b)

Filing of special master's recommendation. Once the special master determines that the holding of additional hearings will not result in a mutually acceptable solution, no further hearings are necessary. Within fourteen (14) days after the conclusion of the last of the hearings, the special master shall prepare and file with all parties a written recommendation.

(1)

If the special master finds that the development order at issue, or the development order or enforcement action in combination with the actions or regulations of other governmental entities, is not unreasonable or does not unfairly burden the use of the owner's property, the special master must recommend that the development order or enforcement action remain undisturbed and the proceeding shall end, subject to the owner's retention of all other available remedies.

(2)

If the special master finds that the development order or enforcement action, or the development order or enforcement action in combination with the actions or regulations of other governmental entities, is unreasonable or unfairly burdens use of the owner's property, the special master, with the owner's consent to proceed, may recommend one or more alternatives that protect the public interest served by the development order or enforcement action and regulations at issue but allow for reduced restraints on the use of the owner's real property, including, but not limited to:

a.

An adjustment of land development or permit standards or other provisions controlling the development or use of land;

b.

Increases or modifications in the density, intensity, or use of areas of development;

c.

The transfer of development rights;

d.

Mitigation, including payments in lieu of onsite mitigation;

e.

Location on the least sensitive portion of the property;

f.

Conditioning the amount of development or use permitted;

g.

A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development;

h.

Issuance of the development order, a variance, special exception, or other extraordinary relief, including withdrawal of the enforcement action; and

i.

Purchase of the real property, or an interest therein, by an appropriate governmental entity.

(c)

[ Preparation of recommendation. ] The special master shall prepare a recommendation as provided by law. The special master shall send a copy of the recommendation in each case as required by law. The county administrator shall notify the department of legal affairs as required by law.

(Ord. No. 96-32, § 12, 6-4-96)