(A) Establishment. The Board of Adjustment shall be appointed by the County Commission. The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances and hear appeals to the terms of these regulations in harmony with the general purpose and intent and in accordance with general and specific rules herein contained.
(B) Operational procedure.
(1) The Board of Adjustment shall meet at the regularly scheduled meeting of the County Commission. Special meetings may be held at the call of the Chairperson. All meetings of the Board of Adjustment shall be open to the public and all business coming before the Board of Adjustment shall be transacted at such meetings.
(2) The Board of Adjustment shall keep minutes of its proceedings, records of examinations, and other official actions, all of which shall be filed in the County Planning and Zoning Department and the County Auditor’s office and shall be of public record.
(C) Appeals. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the County Planning and Zoning Director in the enforcement of these regulations.
(D) Appeals procedure. Any person, firm, or corporation desiring a variance shall make application for such request to the County Planning and Zoning Department. Such application shall be provided by the Department and completed in full by the applicant. Appeals procedure shall comply with Chapter 15 of this zoning title.
(E) Variances. The Board of Adjustment shall not vary the regulations unless it shall make findings based upon the evidence presented to it in each specific case that all of the following conditions are present:
(1) The particular physical surroundings, shape, or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification or other property substantially similar in use;
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located;
(4) The proposed variance will not unreasonably impair: an adequate supply of light and air to adjacent property; increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or diminish or impair property values within the area;
(5) Because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this title and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(6) The variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of this title;
(7) The Board of Adjustment shall hear and make determinations on variance to exceed the height limits as established by these regulations; and
(8) The Board of Adjustment, under its authority to grant variances, may impose reasonable conditions on the grant, and one accepting those conditions is bound by them.
(F) Variance procedure. Any person, firm, or corporation desiring a variance shall make application for such request to the County Planning and Zoning Department. Such application shall be provided by the Department and completed in full by the applicant. Variance procedure shall comply with Chapter 16 of this zoning title.
(G) Appeals of decision of Board. Appeals may be taken to the Circuit Court by any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the county, aggrieved by any decision of the Board of Adjustment, in the manner and form provided by the statutes of the state, in such cases made and provided.
(H) Limitations. Any order of the Board of Adjustment granting a variance may be declared invalid by the Board of Adjustment unless substantially completed within two years from the date of such order. The County Planning and Zoning Director shall notify the property owner of record upon invalidation of a variance.
(I) Jurisdiction restricted. The Board of Adjustment shall have no jurisdiction to hear requests or grant variances of the height limitations for broadcast towers, telecommunication towers, antenna support structures, and wireless communications facilities regulated by this title.
(Ord. 14-01, passed 6-6-2014, Ch. 2, Art. 3)