(A) The Zoning Board of Appeals, after a public hearing, may:
(1) Determine and vary the requirements and regulations of this chapter in harmony with their general purpose and intent, where the Zoning Board of Appeals make written findings of fact in accordance with the standards herein after prescribed and further, find that there are practical difficulties or particular hardships in the way of carrying out the strict letter of requirements and regulations of this chapter; and
(2) Uphold, modify, or overrule the decision of the Zoning and Building Director, or his or her designee.
(B) (1) A written application for a variance from the requirements of this chapter or an appeal of a decision by the Zoning and Building Director, or his or her designee, shall be filed within 60 days of the time that the applicant became aware of the need for the variance or the decision. The application shall fully state the grounds of the request and the facts relied upon by the applicant.
(2) Each application shall be filed with the Zoning and Building Director, or his or her designee. The application shall be accompanied by a fee as adopted by the county for a variance hearing before the Zoning Board of Appeals.
(3) Should the application be withdrawn prior to publication of legal notice thereon, such fee will be returned upon the written request of the applicant.
(C) The Zoning Board of Appeals shall give at least 15 days’ notice of the time and place of such hearing by insertion in a daily newspaper generally distributed within the jurisdiction of the county and shall also give notice delivered personally or by mail at least 15 days before the time fixed for such hearing to:
(1) The applicant or appellant;
(2) To the public works director;
(3) To the respective owners of record of property adjoining or adjacent to the premises in question; and
(4) To the Stormwater Manager of all municipalities within one and one-half miles of the nearest property line of the total project effected. Any party may appear at such hearing in person or by agent, or by attorney.
(D) The re-filing of denied requests for variance or appeals denied by the Zoning Board of Appeals that are not substantially or materially different from the previously filed request or appeal shall not be accepted from the same or different person for the following periods of time:
(1) For a six-month period from the date of the first decision by the Zoning Board of Appeals; or
(2) For a one-year period from the date of subsequent decisions by the Zoning Board of Appeals.
(E) The Zoning and Building Director, or his or her designee, shall determine whether a request is substantially or materially different and submittable, although the Zoning Board of Appeals may, by majority vote, reverse a decision of the Zoning and Building Director, or his or her designee, to not accept a request following a denied request or appeal.
(F) The Zoning and Building Director, or his or her designee, will review and transmit recommendations to the Zoning Board of Appeals, which shall review such recommendations prior to granting or denying the variance. In the event a notice of objection is received from a Stormwater Manager of any municipality within one and one-half miles of the nearest property line of the total project effected, deference shall be given to the objecting municipality by the Zoning Board of Appeals in considering a decision.
(Ord. passed - -)