Loading...
In accordance with state law, the Board of County Commissioners shall appoint and organize a Board of Zoning Appeals, which Board may adopt rules to govern its procedure. The Board of Zoning Appeals shall hold meetings, keep minutes and, pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony and render decisions in writing, all required by law. Any person filing an appeal or proceeding with the Board shall assume any cost of public notice that is required.
(Ord. O-C-97-10, passed 12-22-1997)
The Board of Zoning Appeals, upon appeal, shall have the power to authorize variances from the requirements of this chapter, and to attach conditions to the variances as it deems necessary to assure compliance with the purpose of this chapter. A variance may be permitted if all the following requirements are met:
(A) Literal enforcement of the chapter would result in an unnecessary hardship with respect to the property;
(B) Unnecessary hardship results because of unique characteristics of the property; and
(C) The variance observes the spirit of this chapter, produces substantial justice and is not contrary to the public interest.
(Ord. O-C-97-10, passed 12-22-1997)
The Board of Zoning Appeals shall have the power to authorize special exceptions if the following requirements are met.
(A) The special exception shall be listed as such in Table A (§ 153.036) for the district requested.
(B) The special exception shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons, and shall comply with the performance standards of § 153.099.
(C) The special exception shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
(D) The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
(E) The special exception shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
(F) The special exception shall preserve the purpose of this chapter.
(Ord. O-C-97-10, passed 12-22-1997)
All special exceptions shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board of Zoning Appeals may also obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant.
(A) Fire protection. Fire prevention and fighting equipment acceptable to the National Insurance Association shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(B) Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
(C) Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
(D) Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
(E) Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
(F) Air pollution. No pollution of air by flyash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or property.
(G) Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
(H) Erosion and sediment. All developments shall provide for adequate control of sediment and erosion by wind or water, both on-site and off-site, to prevent damage to property and provide for the safety and health of the community. The Commission may receive recommendations from County Soil and Water Conservation District as requested.
(I) Water pollution. Water pollution shall be subject to the standards established by the State Stream Pollution Control Board.
(J) Water management. All developments shall provide for management of surface and sub-surface water to adequately provide for safe removal, both on-site and off-site. The Commission may receive recommendations from County Soil and Water Conservation District as requested.
(Ord. O-C-97-10, passed 12-22-1997)
The Board of Zoning Appeals shall have the power to authorize changes of lawful nonconforming uses as follows.
(A) A nonconforming use which occupies a portion of a structure or premises may be extended within the structure or premises as they existed when the prohibitory provision took effect, but not in violation of the area and yard requirements of the district in which the structures or premises are located. No change of a nonconforming use shall entail structural alterations or any additions other than those required by law for the purpose of safety and health.
(B) The Board may impose those conditions as it deems necessary for the protection of adjacent property and the public interest.
(Ord. O-C-97-10, passed 12-22-1997)
(A) Conditions imposed by Board of Zoning Appeals; affidavit of compliance.
(1) Whenever the decision of the Board of Zoning Appeals is conditioned upon petitioner’s compliance with a requirement imposed by the Board concerning construction or site development (e.g., installation of landscaping, fencing, paving or any comparable requirement) the petitioner shall be required to notify the Board of Zoning Appeals of the timely fulfillment of the requirement by filing with the Zoning Administrator an affidavit of compliance in a form approved by the Zoning Administrator. If the time for fulfillment of the condition is stated in the Board’s decision, the affidavit shall be filed within 30 days after the time allowed in the Board’s decision. If the time for fulfillment for the condition is not stated in the Board’s decision, the affidavit shall be filed within 30 days after the commencement of the use or completion of construction authorized by the Board’s decision, whichever is earlier.
(2) Failure to comply with any conditions imposed by the Board of Zoning Appeals shall constitute a violation enforceable pursuant to the procedures and provisions in § 153.999.
(B) Commitments; recording.
(1) If deemed advisable, the Board of Zoning Appeals may require the petitioner to make written commitments concerning the use or development of the subject property.
(2) The commitments shall be reduced to writing in recordable form and signed by the owners of the real estate. The commitments shall authorize their recording by the Zoning Administrator upon the grant of the variance, conditional use or contingent use petition by the Board of Zoning Appeals.
(3) The commitments may be modified or terminated by a decision of the Board of Zoning Appeals made at public hearing after proper notice has been given. Any modification or termination of the commitments approved by the Board shall not be in full force and effect until reduced to writing by the present owner(s) of the real estate, endorsed by the Board and recorded in the Office of the Recorder of the county.
(Ord. O-C-97-10, passed 12-22-1997) Penalty, see § 153.999
Loading...