(A) The Community Development Administrator may approve applications for Class B variances, without further action of the Zoning Board of Appeals in the following circumstances:
(1) To permit any setback that is less than the setback permitted by the applicable regulations of the zoning district, but by not more than 10%;
(2) To increase the height of any structures or the lot coverage of any lot or parcel, but by not more than 10%; and
(3) To permit the use of a lot or lots not of record on the effective date of this chapter for a purpose otherwise prohibited solely because of insufficient area of width of the premises involved, if the area or width of such premises is not less than 90% of that required.
(B) (1) For variances to be approved solely by the Community Development Administrator, a notice of the intent to grant such variance shall be sent by certified mail to all adjoining landowners. If any adjoining landowner files a written objection with the Community Development Administrator within 15 days of receipt of the notice, the variance shall be referred to the Zoning Board of Appeals for hearing.
(2) Variances approved solely by the Community Development Administrator shall list in writing a findings of fact upon which approval or denial of the variance is based.
(C) The Zoning Board of Appeals may approve or deny applications for Class B variances and shall issue findings of fact in support of any approval or denial.
(D) When the Zoning Board of Appeals hears a request for a Class A variance, or when the Zoning Board of Appeals cannot issue a decision due to a lack of four concurring votes, variances in the application of this chapter shall be granted only by the County Board by ordinance after considering the findings and recommendations of the Zoning Board of Appeals and recommendation of the Land Use Committee.
(E) For the purposes of this subchapter, a "Class A variance" includes any variance which is related to a Class A zoning case. as referenced in § 157.480(D). Also for the purposes of this subchapter, any variance other than a Class A variance is a "Class B variance."
(Prior Code, 7 TCC 1-24(b)) (Res. LU-23-02, passed 1-25-2023)