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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.
(a) Signs. A sign(s) to be provided by the county planning department shall be posted on the property at least five days prior to the scheduled hearing.
(b) 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. C, § 21.07) (Ord. 20-02, passed 3-18-2002)
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 the cases made and provided.
(1992 Code, App. C, § 21.08) (Ord. 20-02, passed 3-18-2002)
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. C, § 21.09) (Ord. 20-02, passed 3-18-2002)
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 subchapter.
(1992 Code, App. C, § 21.10) (Ord. 20-02, passed 3-18-2002)
FEES
All fees required by this chapter shall be the property of the county and shall be deposited with the county treasurer and credited to the general fund. The fees shall be paid at the time of filing the application with the county planning department. No action shall be taken on any application until all applicable fees have been paid in full. Under no conditions shall any fee required hereunder be refunded after the application has been heard by the planning commissions. Under no conditions shall any fee required hereunder be refunded to an applicant who withdraws their application after the application deadline has passed.
(1992 Code, App. C, § 22.01) (Ord. 34-04, passed 3-15-2004; Ord. 139-07, passed 8-20-2007)
A fee of $350 shall be charged for filing an application to change the zoning classification of property, except to the planned development district. If any use, for which a rezoning is required, is commenced prior to the application for a rezoning, the application fee shall be double the regular fee.
(1992 Code, App. C, § 22.02) (Ord. 34-04, passed 3-15-2004; Ord. 104-05, passed 10-17-2005)
A fee of $350 plus $50 for each subarea shall be charged for the filing of an application to change to the planned development district. If any use, for which a rezoning is required, is commenced prior to the application for a rezoning, the application fee shall be double the regular fee.
(1992 Code, App. C, § 22.03) (Ord. 34-04, passed 3-15-2004; Ord. 104-05, passed 10-17-2005)
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