(a)

The board of adjustment shall have the power to authorize upon application in specific cases such variances to the Code sections enumerated in this subsection, from the terms of this UDC as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this UDC will in an individual case result in unnecessary hardship or practical difficulty, so that the spirit of this UDC shall be observed, public safety and welfare secured, and substantial justice done. The board shall not be authorized to grant variances to any other code sections except those enumerated in this subsection:

(1)

Minimum building setbacks.

(2)

Maximum building height.

(3)

Minimum lot width.

(4)

Minimum separation between agricultural and residential uses.

(5)

Minimum and maximum parking and minimum loading space requirements.

(6)

Signage, in accordance with article 7 of this UDC.

(7)

Variances to airport zone requirements as specifically authorized by section 423 of this UDC.

(8)

Land disturbance within that portion of a required stream buffer between 25 feet and 75 feet of a stream, as specified in section 813(b) of this UDC.

(9)

Variance to the requirements of article 10, flood damage prevention, as specifically authorized in division IV of article 10 of this UDC, and subject to the criteria specified in Sec. 1042 of this UDC.

(10)

Disturbance of a required zoning buffer, as may be authorized per section 1203(b) of this UDC.

(b)

The board of adjustment may upon application approve, conditionally approve, or deny variances, subject to the requirements of this division. In granting a variance, the board of adjustment may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this UDC, as may be deemed necessary for the protection of adjacent properties and the public interest.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

An application for variance may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the variance is sought.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

Applications for variance shall require submittal of the following items:

(a)

Application fee as specified by resolution of the board of commissioners;

(b)

Application form furnished by the public development department, including signed and notarized signature of property owner;

(c)

Legal description of the property;

(d)

Survey plat of the property;

(e)

Letter of intent describing the proposed use of the property or other action requested;

(f)

Site plan of the property at an appropriate engineering scale showing existing and proposed buildings and structures and other information as may be required by the public development department to describe and/or graphically depict the requested variance;

(g)

Written analysis of how the proposed action compares to decision criteria specified for the granting of variances pursuant to this division; and

(h)

Other information as may be required by the public development director.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

Any applicant requesting consideration of a variance to any provision of this UDC shall provide a written justification that one or more of the condition(s) described in this section exist. The board of adjustment shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:

(a)

There are extraordinary, exceptional, or peculiar conditions pertaining to the particular piece of property in question, because of its size, shape, topography or other physical condition that are not applicable to other lands or structures in the same district; and that such conditions cause unnecessary hardship, practical difficulty or adversely affect the reasonable use or usability of property as currently zoned and regulated;

(b)

The requested variance will be in harmony with the purpose and intent of this UDC and will not be injurious to the neighborhood or to the general welfare;

(c)

The special circumstances are not the result of the actions of the applicant; and/or

(d)

The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed;

For any variance to the flood damage prevention requirements of article 10 of this UDC, the specific requirements, procedures, and criteria in division IV of article 10 of this UDC shall apply in addition to the requirements of this division.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

A separate application (and fee) is required for each section of this UDC proposed to be varied. In cases where more than one application for variance pertaining to a particular piece of property is filed, said applications may be processed simultaneously.

(b)

No variance application shall be processed by the public development department unless it complies with the procedural requirements of this division and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this division.

(c)

The public development department shall not accept for processing, or process, a variance application that does not comply with all application submittal requirements of this division.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

The public development director is hereby authorized to establish administrative deadlines for the receipt of variance applications. Upon a finding by the public development department that a variance application is complete and complies with the requirements of this division, including deadlines, the application shall be marked received and approved for initiation, and the date of such consideration shall be indicated in the file of the application.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

In cases where an applicant is proposing a rezoning (i.e., amendment to the official zoning map) or special use, or both, and where the applicant files an application to obtain a variance related to the same property as involved in the filing a rezoning or special use application, the applications may be administratively processed simultaneously, but no action shall be taken by the board of adjustment on the variance application until the rezoning or special use application, or both as appropriate, is approved by the board of commissioners.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

The public development department may send the application out for review by internal county departments and external agencies as may be appropriate (i.e., inter-agency review). Any written comments received in a timely manner shall be submitted to the applicant and board of adjustment, and any such comments shall become an official public record.

(b)

The public development department shall investigate and make a recommendation regarding any or all of the relevant matters concerning the application. Any such investigation and recommendation shall if in writing be made available to the applicant and board of adjustment prior to public hearings and shall become an official public record.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

At least 30 days and not more than 45 days immediately preceding the date of the board of adjustment's public hearing, the public development department shall cause to be published within a newspaper of general circulation within the county a notice of a public hearing on the matter before the board of adjustment. The notice shall state the time, place, and purpose of the public hearing and shall include the location of the property. The notice shall also include the nature of the variance request, including the section of this UDC requested to be varied.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

Requirement and locations. The applicant shall be required to post and maintain signs supplied by the county near the right-of-way of the nearest public street, so as to be visible from the street at least 30 days and not more than 45 days immediately preceding the date of the board of adjustment's public hearing on the rezoning application. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the variance has been requested. If the property has no street frontage, the sign shall be placed on each street where access to the property will be gained.

(b)

Content. The sign providing notice shall state the time, place, and purpose of the public hearing and shall include the location of the property. The notice shall also include the nature of the variance request, including the section of this UDC requested to be varied.

(c)

Time period. It is the responsibility of the applicant to post the signs and to maintain the signs during the posting period. Said signs pertaining to the board of adjustment's public hearing shall remain posted until a final decision by the board of adjustment has been rendered.

(d)

Consequences of non-maintenance. Failure to post and maintain the signs continuously may prohibit consideration of the application at any scheduled public hearing. In the event the signs are not posted continuously, the county, in its sole discretion, may require the reposting and readvertising prior to any future public hearing, for which the applicant shall pay an additional readvertising fee. The county may also in its sole discretion, continue, hold, or dismiss the application if public notice requirements are not met due to applicant non-maintenance of the required public notice sign(s) on the property.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

The board of adjustment shall hold a public hearing on all variance applications.

(b)

Procedures for calling and conducting a public hearing by the board of adjustment shall be the same as those procedures established in article 13, division V of this UDC, unless the board shall have adopted its own rules of procedure, in which case said rules of procedure shall be available to the public prior to and during any public hearing on a variance application.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

Time frame. Within 65 calendar days of the date of its public hearing held by the board of adjustment, the board of adjustment shall render a decision on the application for variance. This time limit may be extended if the applicant consents to extend the time frame.

(b)

Decision.

(1)

The board of adjustment may approve or disapprove the proposed variance, or it may approve the application with conditions.

(2)

The board of adjustment shall consider information supplied by the applicant and the public development department prior to making a decision.

(3)

The decision of the board shall be based on findings.

(4)

If the board of adjustment's proposed action on the variance is consistent with the findings in the staff report prepared by the public development department, the board of adjustment may rely on the findings in the staff report, without the need to adopt any additional findings. In such instance, the motion shall be worded as follows: "I make a motion to approve [or deny] the application for variance based on the findings adopted in the staff report for the application."

(5)

If the board of adjustment's proposed action on the variance is contrary to the findings in the staff report prepared by the public development department, the board of adjustment shall adopt its own findings to support its decision. In such instance, the board shall take one of the following actions prior to acting on a motion: adopt its own findings of fact; or request that the representative of the public development department articulate findings to support the proposed action; or recess to allow the board members or the public development department to articulate findings to support the proposed action; or continue the meeting to a later date certain to give the board and/or department time to articulate findings to support the proposed action.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

No refund. There shall be no refund by the county of an application fee if an application is withdrawn.

(b)

Prior to public notice. If a request for withdrawal is received prior to the publication of a notice for a public hearing, the application shall be withdrawn administratively by the public development department without restriction on the refiling of a variance application on the property in the future, as described in this division.

(c)

After public notice. If a request for withdrawal is received after publication of a public notice has been published or when such public notice irretrievably set for publication but the variance application has not been heard by the board of adjustment, the application shall be withdrawn administratively by the public development department, provided that an application for a variance relating to the property shall not be resubmitted for 12 months from the date of withdrawal.

(d)

After board of adjustment public hearing. No withdrawal of a variance application shall be permitted after the public hearing on said application has been convened.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

The public development department, or secretary of the board of adjustment, shall notify the applicant in writing of the decision on the variance application by the board of adjustment.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

A decision of the board of adjustment with regard to a variance application shall be final and may be appealed only to a court of competent jurisdiction. Such appeal must be taken within 30 days of the decision of the board of adjustment. Reconsideration of an action on a variance application under court order shall follow the same procedures of this division as though a new application.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

No variance application requesting variance to the same section of the UDC and affecting the same or any portion of property which was denied by the board of adjustment shall be accepted for filing by a property owner until 12 months shall have elapsed from the date said application for variance to the same section of the UDC was denied by the board of adjustment.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

The director of public development shall have the power to authorize upon application in specific cases such variances from the terms of this UDC as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this UDC will in an individual case result in unnecessary hardship or practical difficulty, so that the spirit of this UDC shall be observed, public safety and welfare secured, and substantial justice done.

(b)

The director of public development may upon application approve, conditionally approve, or deny variances, subject to the requirements of this division. In granting a variance, the director of public development may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this UDC, as may be deemed necessary for the protection of adjacent properties and the public interest.

(c)

The director of public development's authority to grant administrative variances shall be limited to granting administrative variances to the following provisions:

(1)

Minimum building setbacks, whether established by zoning district, overlay district, or for a specific use, not to exceed a reduction of 25 percent, but not including any stream buffer required by article 5 or article 8 of this UDC or any other buffer requirement of this UDC.

(2)

Maximum building height, not to exceed an additional four feet above the maximum allowed.

(3)

Minimum parking space requirements, per section 667 of this UDC, not to exceed 20 percent below the minimum.

(4)

Maximum parking space requirements, per section 667 of this UDC, not to exceed 20 percent above the maximum.

(5)

Reduction or waiver of off-street loading requirements, per section 685 of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

An application for administrative variance may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the administrative variance is sought.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

Applications for administrative variance shall require submittal of the following items:

(a)

Application fee as specified by resolution of the board of commissioners;

(b)

Application form furnished by the public development department, including signed and notarized signature of property owner;

(c)

Legal description of the property;

(d)

Survey plat of the property;

(e)

Letter of intent describing the proposed use of the property or other action requested;

(f)

Site plan of the property at an appropriate engineering scale showing existing and proposed buildings and structures and other information as may be required by the public development department to describe and/or graphically depict the requested variance;

(g)

Written analysis of how the proposed action compares to decision criteria specified for the granting of variances pursuant to this division; and

(h)

Other information as may be required by the public development director.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

Any applicant requesting consideration of an administrative variance shall provide a written justification that one or more of the condition(s) described in this section exist. The public development director shall not approve an administrative variance application unless he or she shall have adopted findings that one or more of the following conditions exist:

(a)

There are extraordinary, exceptional, or peculiar conditions pertaining to the particular piece of property in question, because of its size, shape, topography or other physical condition that are not applicable to other lands or structures in the same district; and that such conditions cause unnecessary hardship, practical difficulty or adversely affect the reasonable use or usability of property as currently zoned and regulated;

(b)

The requested variance will be in harmony with the purpose and intent of this UDC and will not be injurious to the neighborhood or to the general welfare;

(c)

The special circumstances are not the result of the actions of the applicant; and/or

(d)

The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

A separate application (and fee) is required for each section of this UDC proposed to be administratively varied. In cases where more than one application for administrative variance pertaining to a particular piece of property is filed, said applications may be processed simultaneously.

(b)

No administrative variance application shall be processed by the public development department unless it complies with the procedural requirements of this division and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this division.

(c)

The public development department shall not accept for processing, or process, an administrative variance application that does not comply with all application submittal requirements of this division.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

Within no more than 30 calendar days of the date an administrative variance application is determined complete, the public development director shall render a decision on the application which shall be based on findings.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

An applicant who applies for an administrative variance that is denied by the public development director may file a variance application to be considered by the board of adjustment, as provided in division II of this article, to be heard as an appeal of an administrative decision.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

The board of adjustment shall have the power to authorize upon application in specific cases the following special exceptions as specifically provided for in this UDC:

(1)

Approval of a metal building in a residential zoning district exceeding a building floor area of 500 square feet, per section 3-002 of this UDC.

(2)

Approval of a building accessory to a residential use in a residential zoning district exceeding a building floor area of 1000 square feet, per section 3-002 of this UDC.

(3)

Approval for a guest house to exceed the maximum building floor area requirement, per section 3-066 of this UDC.

(4)

Outdoor display in a highway retail commercial (HRC) zoning district outside the East and West Jackson overlay districts, as provided per section 3-090 of this UDC.

(5)

Approval to reduce the maximum length of a cul-de-sac per section 1616 of this UDC.

(b)

The board of adjustment may upon application approve, conditionally approve, or deny applications for special exceptions, subject to the requirements of this division. In granting a special exception, the board of adjustment may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this UDC, as may be deemed necessary for the protection of adjacent properties and the public interest.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

An application for special exception may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the variance is sought.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

Applications for special exception shall require submittal of the following items:

(a)

Application fee as specified by resolution of the board of commissioners;

(b)

Application form furnished by the public development department, including signed and notarized signature of property owner;

(c)

Legal description of the property;

(d)

Survey plat of the property;

(e)

Letter of intent describing the proposed use of the property or other action requested;

(f)

Site plan of the property at an appropriate engineering scale showing existing and proposed buildings and structures and other information as may be required by the public development department to describe and/or graphically depict the requested variance;

(g)

Written analysis of how the proposed action compares to decision criteria specified for the granting of variances pursuant to this Division;

(h)

Elevation drawing of building proposed, as applicable; and

(i)

Other information as may be required by the public development director.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

Any applicant requesting consideration of a special exception shall provide a written explanation of how the application meets the criteria for granting special exceptions of this section. The board of adjustment shall not approve a special exception application unless it shall have adopted findings that the application meets the following criteria for granting special exceptions:

The building or use, if approved:

(a)

Will not impair the purpose and intent of this UDC;

(b)

Will not damage the environment; and

(c)

Will not be injurious to the use and enjoyment of property in the immediate vicinity or within the surrounding neighborhood.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

No special exception application shall be processed by the public development department unless it complies with the procedural requirements of this division and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this division.

(b)

The public development department shall not accept for processing, or process, a special exception application that does not comply with all application submittal requirements of this division.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

The public development department shall investigate and make a recommendation regarding any or all of the relevant matters concerning the application. Any such investigation and recommendation shall if in writing be made available to the applicant and board of adjustment prior to public hearing and shall become an official public record.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

At least 30 days and not more than 45 days immediately preceding the date of the board of adjustment's public hearing, the public development department shall cause to be published within a newspaper of general circulation within the county a notice of a public hearing on the matter before the board of adjustment. The notice shall state the time, place, and purpose of the public hearing and shall include the location of the property. The notice shall also include the nature of the special exception request.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

Requirement and locations. The applicant shall be required to post and maintain signs supplied by the county near the right-of-way of the nearest public street, so as to be visible from the street at least 30 days and not more than 45 days immediately preceding the date of the board of adjustment's public hearing on the rezoning application. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the variance has been requested. If the property has no street frontage, the sign shall be placed on each street where access to the property will be gained.

(b)

Content. The sign providing notice shall state the time, place, and purpose of the public hearing and shall include the location of the property. The notice shall also include the nature of the variance request.

(c)

Time period. It is the responsibility of the applicant to post the signs and to maintain the signs during the posting period. Said signs pertaining to the board of adjustment's public hearing shall remain posted until a final decision by the board of adjustment has been rendered.

(d)

Consequences of non-maintenance. Failure to post and maintain the signs continuously may prohibit consideration of the application at any scheduled public hearing. In the event the signs are not posted continuously, the county, in its sole discretion, may require the reposting and readvertising prior to any future public hearing, for which the applicant shall pay an additional readvertising fee. The county may also in its sole discretion, continue, hold, or dismiss the application if public notice requirements are not met due to applicant non-maintenance of the required public notice sign(s) on the property.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

The board of adjustment shall hold a public hearing on all special exception applications.

(b)

Procedures for calling and conducting a public hearing by the board of adjustment shall be the same as those procedures established in article 13, division V of this UDC, unless the board shall have adopted its own rules of procedure, in which case said rules of procedure shall be available to the public prior to and during any public hearing on a special exception application.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

Time frame. Within 65 calendar days of the date of its public hearing, the board of adjustment shall render a decision on the application for special exception. This time limit may be extended if the applicant consents to extend the time frame.

(b)

Decision.

(1)

The board of adjustment may approve or disapprove the proposed special exception, or it may approve the application with conditions.

(2)

The board of adjustment shall consider information supplied by the applicant and the public development department prior to making a decision.

(3)

The decision of the board shall be based on findings.

(4)

If the board of adjustment's proposed action on the special exception is consistent with the findings in the staff report prepared by the public development department, the board of adjustment may rely on the findings in the staff report, without the need to adopt any additional findings. In such instance, the motion shall be worded as follows: "I make a motion to approve [or deny] the application for special exception based on the findings adopted in the staff report for the application."

(5)

If the board of adjustment's proposed action on the special exception is contrary to the findings in the staff report prepared by the public development department, the board of adjustment shall adopt its own findings to support its decision. In such instance, the board shall take one of the following actions prior to acting on a motion: adopt its own findings of fact; or request that the representative of the public development department articulate findings to support the proposed action; or recess to allow the board members or the public development department to articulate findings to support the proposed action; or continue the meeting to a later date certain to give the board and/or department time to articulate findings to support the proposed action.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

No refunds. There shall be no refund of application fee if an application is withdrawn.

(b)

Prior to public notice. If a request for withdrawal is received prior to the publication of a notice for a public hearing, the application shall be withdrawn administratively by the public development department without restriction on the refiling of a special exception application on the property in the future, as described in this division.

(c)

After public notice. If a request for withdrawal is received after publication of a public notice has been published or when such public notice irretrievably set for publication but the special exception application has not been heard by the board of adjustment, the application shall be withdrawn administratively by the public development department, provided that an application for a special exception relating to the property shall not be resubmitted for six months from the date of withdrawal.

(d)

After board of adjustment public hearing. No withdrawal of a special exception application shall be permitted after the public hearing on said application has been convened.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

The public development department, or secretary of the board of adjustment, shall notify the applicant in writing of the decision on the special exception application by the board of adjustment.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

A decision of the board of adjustment with regard to a special exception application shall be final and may be appealed only to a court of competent jurisdiction. Such appeal must be taken within 30 days of the decision of the board of adjustment. Reconsideration of an action on a special exception application under court order shall follow the same procedures of this division as though a new application.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

No special exception application authorized by the same section of the UDC and affecting the same or any portion of property which was denied by the board of adjustment shall be accepted for filing by a property owner until 12 months shall have elapsed from the date said application for special exception authorized by the same section of the UDC was denied by the board of adjustment.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

It is the intent of this UDC that all questions arising in connection with the administration and enforcement of this UDC shall be presented first to the public development director for potential resolution. Persons may appeal to the board of adjustment for relief when aggrieved by an action or an interpretation of the public development director made under this UDC. All such requests for relief shall be taken as an appeal to the board of adjustment, as provided in this division.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

Any person aggrieved by a decision of the public development director or any person acting administratively under authority of this UDC may initiate, by application, an appeal of an administrative action or interpretation to the board of adjustment. An application for an appeal for any property or properties may be initiated by the owner of a majority interest in the property affected, or his or her authorized representative.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

An appeal may be filed where it is alleged that the public development director has misinterpreted or misapplied one or more requirements or other provisions of this UDC.

(b)

An appeal may be filed where it is alleged that an enforcement officer erred in finding the person or property in violation of any provision of this UDC or in violation of permit conditions.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

All appeal applications shall be submitted to the public development director on forms provided by the department. The applicant shall be required to submit all documentation necessary to support the appeal application, which shall be transmitted by the public development director to the board of adjustment.

(b)

All appeal applications shall be accompanied by a non-refundable fee, as set by resolution of the governing body from time to time.

(c)

An application for an appeal shall include such descriptions, maps or drawings as needed to clearly illustrate or explain the action requested. The county may request such additional information from the appellant as necessary to provide a full understanding of the appeal.

(d)

Such appeal application must be filed within 30 days of the action or interpretation that is the subject of the appeal. If the person aggrieved by an action by an administrative official with regard to this UDC does not file a complete appeal application within 30 days of the decision appealed from, then the decision of the public development director shall stand, and no further remedy shall be available under this UDC.

(e)

The public development director shall review the application for completeness within five working days of the application submission deadline. Incomplete or improper applications will be returned to the applicant.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

The filing of a completed application for an appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the public development director certifies to the board of adjustment, after the notice of appeal shall has been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed unless the applicant for appeal of an administrative decision secures an order from a court of competent jurisdiction.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

Assembly of record. Upon receiving a complete and timely application for an appeal, the public development director or his/her designee shall assemble such memos, papers, plans, or other documents as may constitute the record for the appeal or as may provide an understanding of the issues involved.

(b)

Schedule of appeal hearing. Once the record has been assembled, the public development director or his/her designee shall schedule the appeal for public hearing and consideration at the next meeting of the board of adjustment for which adequate public notice can be given.

(c)

Notification to the general public. At least 30 days but not more than 45 days prior to public hearing, notice shall be published in a newspaper of general circulation within the county. The notice shall state the time, place and purpose of the hearing. The published notice shall also include the location of the property for which the appeal arises, if applicable and the nature of the appeal.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)

(a)

Decision or determination. The board of adjustment shall after application and public hearing make findings and render a decision on the appeal. The board of adjustment may affirm, overrule or modify, in whole or in part, the rulings, or decisions or interpretations of the public development director.

(b)

Remedies. In cases where an appeal is granted, the board of adjustment may direct the issuance of land disturbance permits, development permits, building permits, and certificates of occupancy not otherwise inconsistent with this UDC or other ordinance adopted by the board of commissioners. The board of adjustment may interpret such provisions of this UDC as may require clarification or extension in specific cases.

(c)

Notice. The public development director or secretary of the board of adjustment shall notify the applicant, in writing, of its decision within five calendar days after the board of adjustment has rendered its decision.

(d)

Binding action. The public development director shall be bound by the decision of the board of adjustment on the appeal application.

(e)

Finality. A decision of the board of adjustment pursuant to this division shall constitute final action and may be appealed only to a court of competent jurisdiction in the manner provided by law.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 23-001, § 1, 5-15-2023)