§ 158.413 VARIANCES.

   The zoning 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:

   (a)   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;

   (b)   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;

   (c)   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;

   (d)   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;

   (e)   That because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

   (f)   The variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of the zoning regulations;

   (g)   The board shall hear and make determinations on variance to exceed the height limits as established by these regulations; and

   (h)   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.

(1992 Code, App. F, § 21.04) (Ord. 10-06, passed 1-23-2006)

§ 158.414 APPLICATION TO THE COUNTY FOR VARIANCE.

   Any person, firm or corporation desiring a variance or wishing to appeal a decision of the county planning director or his or her authorized representatives shall make application for the request to the county planning department. The application shall be provided by the department and completed in full by the applicant.

(1992 Code, App. F, § 21.05) (Ord. 10-06, passed 1-23-2006)

§ 158.415 FEES.

   Upon the filing of any application for a variance or appeal by the board, the applicant shall pay to Lincoln County the appropriate fee as designated in §§ 158.430 through 158.438. These fees shall be utilized to help defray necessary administrative costs of processing the application as required.

(1992 Code, App. F, § 21.06) (Ord. 10-06, passed 1-23-2006)

§ 158.416 HEARING.

   (a)   Generally. Upon the filing of an application, the county planning department shall set a date for public hearing, at which time and place the zoning board of adjustment shall meet to consider the request for variance or appeal.

   (b)   Signs. A sign(s) to be provided by the county planning department shall be posted on the property at least seven days prior to the scheduled hearing.

   (c)   Decision. All requests under this subchapter shall be acted upon at a joint meeting of the county and city planning commissions. The planning commissions shall vote on the requests independently, and a favorable vote by a majority of the members of each planning commission shall be required to approve each request.

(1992 Code, App. F, § 21.07) (Ord. 10-06, passed 1-23-2006)

§ 158.417 APPEALS FROM 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, or any taxpayer, or any officer, department, board or bureau of the county, aggrieved by any decision of the board, in the manner and form provided by the statutes of the state, in those cases made and provided.

(1992 Code, App. F, § 21.08) (Ord. 10-06, passed 1-23-2006)

§ 158.418 LIMITATIONS.

   Any order of the board granting a variance may be declared invalid by the board unless substantially completed within two years from the date of the order. The county planning director shall notify the property owner of record upon invalidation of a variance.

(1992 Code, App. F, § 21.09) (Ord. 10-06, passed 1-23-2006)

§ 158.419 JURISDICTION RESTRICTED.

   The board of adjustment shall have no jurisdiction to hear requests or grant variances of the height limitations for broadcast towers, telecommunications towers, antenna support structures and wireless communications facilities regulated by this chapter.

(1992 Code, App. F, § 21.10) (Ord. 10-06, passed 1-23-2006)

FEES