The Board of Adjustment shall have the following powers and duties.
(A) Administrative review. To hear and decide any appeal from and review any order, requirement, decision or determination made by the Planning and Zoning Administrator.
(B) Variances. To authorize upon appeal, in specific cases, such variances from the terms of this chapter which will not be contrary to the public interest. Where, owing to special conditions, a literal enforcement of the provision of this chapter would result in unnecessary hardship, a variance from the terms of this chapter may be granted by the Board of Adjustment when a written application demonstrates all of the following:
(1) Unnecessary hardship would result from the strict application of this chapter. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of this chapter, such that public safety is secured, and substantial justice is achieved.
(C) Conditions imposed on variances.
(1) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards to ensure that substantial justice has been done and that the public safety and welfare has been assured. Such conditions may be imposed by the Board regarding the location, character, and other features of the proposed building, structure, or use as may be deemed by the Board to protect property values and general welfare of the neighborhood.
(2) Non-conformance with such conditions and safeguards, when under part of the terms under which the variance is granted shall be deemed a violation of this chapter.
(3) In addition to the grounds of granting variance specified by state law, the Board of Adjustment may approve a variance when it finds that approval of the requested variance will cause no significant hazard, annoyance or inconvenience to the owners or occupants of nearby property, will not significantly change the character of the neighborhood or reduce the value of nearby property, will not impose any significant cost burden upon the county and will not create any significant obstacle to implementation of the County’s Land Use Plan. The Board of Adjustment may attach any conditions to the grant of a variance under this subchapter, which it may find necessary to ensure that the intent and purpose of this chapter are observed in all respects.
(D) Special uses. To hear and decide request for special use permits allowed by this chapter.
(1) Objectives and purpose. Special uses add flexibility to the provisions of this chapter by permitting potential undesirable uses of property in specified districts when certain conditions are met. By means of controls exercised through the special use permit procedures, uses of property, which would otherwise be undesirable in certain districts, can be developed to minimize any negative effects they might have on surrounding properties.
(a) The Planning and Zoning Administrator may issue a special use permit after approval by the Board of Adjustment for the uses as designated in Table II-2 Permitted Uses. The application for a special use permit shall accompany the application for a zoning permit. The Board of Adjustment shall file the application for the special use permit ten working days before the date of review. The Board of Adjustment shall hold a public hearing before rendering a decision on the special use permit, and if approved, shall include approval of such plans as may be required. In approving the permit, the Board of Adjustment shall find:
1. That the use will not materially endanger the public health, safety or general welfare if located where proposed and developed according to the plan as submitted and approved.
2. That the use meets all required conditions.
3. That the location and character of the use, if developed according to the plans as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the county.
(b) In approving the special use permit the Board of Adjustment may designate such conditions, in addition and in connection therewith, as will, in its opinion, assure that the use in its proposed location will be harmonious and with the spirit and intent of this chapter. All such additional conditions shall be entered in the minutes of the meeting, at which the special use permit is granted, on the special use permit, and on the plans submitted therewith. All conditions shall run with the land and shall be binding on the original applicant for the special use permit, the heirs, successors and assigns. In order to ensure that such conditions and requirements of each special use permit will be fulfilled, the petitioner for the special use permit may be required to provide physical improvements required as a basis for the issuance of the special use permit.
(c) If the Board of Adjustment denies the special use permit, the reasons shall be entered in the minutes of the meeting at which the permit is denied and the applicant notified in writing including the appeals process as outlined in this chapter.
(d) In addition to the specific conditions imposed by this chapter whatever additional conditions the Board of Adjustment deems to be reasonable and appropriate, special use shall comply with height, yard, area and parking regulations of the zone in which they are located.
(e) In the event of failure to comply with the plans approved by the Board of Adjustment, or with any conditions imposed upon the special use permit, the permit shall thereupon immediately become void and of no effect. No zoning permits for further construction or certificate of occupancy/compliance under the special use permit shall be issued, and the use of all completed structures shall immediately cease and not thereafter be used for any purpose other than a use-by-right as permitted by the zoning district in which the property is located.
(f) Where plans are required to be submitted and approved as part of the application for a special use permit, modifications of the original plans may be made by the Board of Adjustment.
(Ord. passed 5-7-2018; Ord. passed 6-7-2021)