(a)

A zoning board of appeals is hereby established. The term "board," when used in this chapter, shall be construed to mean the county zoning board of appeals. The board shall consist of not more than five members nor less than three members each appointed by majority vote of the board of commissioners. All members shall be citizens of the county and no member shall be a member of the board of commissioners or an employee of the county.

(b)

The term of office of each member shall be three years except that of the three members first appointed, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. Thereafter, as each term expires, the appointment shall be for three years except that a vacancy occurring in an unexpired term shall be filled by appointment for the unexpired portion of that term. The board of commissioners by majority vote shall have the authority to remove any member of the zoning board of appeals but only for cause and upon written charges and after public hearing.

(c)

At its first meeting of the calendar year, the board shall elect a chairperson and a vice-chairperson, and adopt rules governing the conduct of its affairs. Copies of the rules shall be made available to the public. The director of planning shall be the secretary to the board and maintain all minutes and records of actions taken by the zoning board of appeals.

(Ord. of 7-20-2009, § 86)

Meetings of the board shall be held at such times as the board may determine or upon call of the chairperson. Such chairperson or, in his absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such facts, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. A board of appeals quorum shall be three members, and they must concur to pass any order or decree.

(Ord. of 7-20-2009, § 87; Ord. of 12-6-2021, § 6)

The board shall fix a date for the hearing of an appeal within the time specified by its rules, give public notice thereof, and decide the same within a reasonable time. It shall be the duty of the zoning administrator to post notices of the time and place of the hearing in a newspaper of general circulation and by placard on or within 300 feet of the property as measured along the street right-of-way line. Public hearing notices shall follow the procedures set forth in chapter 109, article IV., section 109-69. Upon the hearing of such appeal, any party may appear in person, or by agent or attorney, and shall be allowed to submit testimony or documentation.

(Ord. of 7-20-2009, § 89; Ord. of 6-5-2023, § 8)

The board shall have the following powers and duties:

(1)

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made of the zoning administrator in the enforcement of this chapter.

(2)

Variances. To authorize upon appeal in specific cases a variance from the terms of this chapter such as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, but where the spirit of the chapter shall be observed and substantial justice done. Such special conditions shall be limited to exceptional narrowness, shallowness or shape of a specific piece of property existing at the time of the enactment of the ordinance from which this chapter is derived, or exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property as would result in peculiar, extraordinary and practical difficulties. No variance shall be authorized unless the board finds that all of the following conditions exist:

a.

That the special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

b.

That the granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

c.

That the condition from which relief or a variance is sought did not result from action by the applicant.

d.

That the authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire, or imperil the public safety, or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the county.

e.

That the granting of the variance will be in harmony with the general purpose and intent and policies of the comprehensive plan.

f.

That the granting of the variance will not allow a structure or use in a district in which that structure or use is prohibited.

(3)

Conditional approval. In approving a variance or an appeal, the board may impose special conditions that it deems necessary in order to mitigate impacts, which may be expected without the imposition of those conditions. Such conditions may consist of a variety of requirements, including, but not limited to:

a.

Setbacks from any lot line;

b.

Specified or prohibited locations for buildings, parking, loading or storage areas or other land uses;

c.

Restrictions in the location of driveways and curb cuts;

d.

Maximum building heights and other dimensions;

e.

Landscaping requirements which may include location, type and maintenance of plant materials, fences, walls, earth berms or other buffer provisions;

f.

Screening or other protective measures;

g.

Preservation of existing trees and other vegetation;

h.

Special measures to alleviate undesirable views, light, glare, noise, dust or odor;

i.

Permitted hours of operation;

j.

A requirement that the existing building be retained;

k.

A requirement that development take place according to a site plan, development plan and/or building plan;

l.

A limitation on exterior modifications to existing buildings;

m.

Public facility improvements by the owner to address impacts attributable to the proposed use and the required improvements are proportional to those impacts;

n.

A time limit within which the property must either be used as allowed by the variance, special exception or other appeal;

o.

Any other requirement deemed appropriate and necessary as a condition of approval.

Requirements imposed, as a condition of approval shall be required of the property owner and all subsequent owners as a condition of the use of the property and continuously enforced by the zoning administrator.

(Ord. of 7-20-2009, § 90)