Loading...
(A) The Chief Subdivision Engineer or his or her designee shall review the application for a variance and present his or her written recommendations to the Land Use and Development Committee at the public hearing.
(B) Not more than 45 days after the close of the hearing, the Planning and Zoning Commission shall forward its written recommendations to the Land Use and Development Committee or its successor. The written recommendations of the Planning and Zoning Commission , when forwarded, shall be accompanied by written findings of fact with respect to each of the considerations set forth in § 164.144 with citations to the evidence taken at the public hearing.
(Ord. 10-164, passed 6-17-2010)
The County Board shall grant the variation, grant the variation with modifications or conditions or deny the variation in writing within 45 days after receipt of the written request for variance, but in the event the County Board does not act as aforesaid then the application is denied.
(Ord. 10-164, passed 6-17-2010)
(A) A variance less than or different from that requested may be granted when the record supports the applicant’s right to some relief, but not to the relief requested.
(B) In granting a variance, the County Board may impose specific conditions and limitations concerning any matter relating to the purposes and objectives of this chapter on the applicant as may be necessary or appropriate.
(C) Whenever any variance is granted subject to any condition or limitation to be met by the applicant, upon meeting those conditions, the applicant shall file evidence to that effect with the Chief Subdivision Engineer.
(Ord. 10-164, passed 6-17-2010)
No building or structure shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, nor shall any excavation or grading commence without a building permit, site development permit or other appropriate permit. No building permit, and no other permit pertaining to other use of land, buildings or structures, shall be issued by employees of the county unless the proposed use thereof complies with all the provisions of this chapter, nor shall any permit be issued unless the application for the permit has certification thereon under oath by the Chief Subdivision Engineer that the proposed use is in compliance with the provisions of this chapter. Any permit issued in conflict with the provisions of this chapter shall be void.
(Ord. 10-164, passed 6-17-2010)
No order of the County Board granting a variation shall be valid for a period longer than one year from the date of the order unless a building permit or site development permit is obtained within the period and the erection or alteration of a building, any excavation or grading, is started or the use is commenced within the period. The Board may grant an extension of this period, valid for no more than 180 additional days, upon written application and good cause shown, without notice or hearing. The Board may grant one additional extension of this period, valid for no more than 180 additional days, upon written application within the initial extension and upon good cause shown without notice or hearing. If any of the benefits conferred by any variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, the variation shall, to the extent of the abandonment or non-utilization, become invalid after a public hearing as provided for herein.
(Ord. 10-164, passed 6-17-2010)
(A) Scope of authority. A variance shall be reverted or revoked as provided in this section if the testimony upon which the variance was falsely given.
(B) Initiation. Reversions may be proposed by the County Board, Planning and Zoning Commission, or by any person aggrieved by a variance from this chapter.
(C) Processing. The process for reverting a variance shall be as follows.
(1) An application for a reversion shall be filed with the Chief Subdivision Engineer and shall be in a form, contain information and be accompanied by those plans as the Planning and Zoning Commission by rule may require.
(2) A copy of the application shall thereafter be forwarded by the Chief Subdivision Engineer to the Planning and Zoning Commission with a request to hold a public hearing.
(3) The Planning and Zoning Commission shall hold a public hearing within 90 days after receiving the application from the Chief Subdivision Engineer. Notice of the time and place of the hearing shall be published at least once, not less than 15 days before the hearing in a newspaper of general circulation in the county. A copy of the notice of public hearing shall be mailed to the Clerk of each municipality within the same watershed where the variance was granted. Copy of the notice shall be mailed by registered letter to the current interest holders of the land as found on the last tax assessment.
(4) The Planning and Zoning Commission shall within 60 days after the hearing transmit a written report giving its findings and recommendations to the County Board.
(D) Decision. The County Board, upon recommendation of the Planning and Zoning Commission, may grant or deny any proposed reversion or may refer it back to the Planning and Zoning Commission for further consideration.
(E) Permits affected by reversion. When a reversion action has been initiated, no building permit or site development permits for the site shall be issued, until the County Board has decided the matter of the reversion.
(Ord. 10-164, passed 6-17-2010)
ADMINISTRATION
Loading...