Whenever, in the course of administration and enforcement of this title, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this title, the decision shall be made so that the result will not be contrary to the purpose of this title or injurious to the surrounding neighborhood.

(Ord. 14-01, passed 6-6-2014, Ch. 2, Art. 1)

   (A)   Duty. To hear and decide upon all requests for changes of zoning and conditional use permits, based upon its findings, the findings of the Planning and Zoning Board, and after the findings of the required public hearing.

(Ord. 14-01, passed 6-6-2014, Ch. 2, Art. 2)

      (1)   The Board of Adjustment shall meet at the regularly scheduled meeting of the County Commission. Special meetings may be held at the call of the Chairperson. All meetings of the Board of Adjustment shall be open to the public and all business coming before the Board of Adjustment shall be transacted at such meetings.

      (2)   The Board of Adjustment shall keep minutes of its proceedings, records of examinations, and other official actions, all of which shall be filed in the County Planning and Zoning Department and the County Auditor’s office and shall be of public record.

      (1)   The particular physical surroundings, shape, or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

      (2)   The conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification or other property substantially similar in use;

      (3)   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located;

      (4)   The proposed variance will not unreasonably impair: an adequate supply of light and air to adjacent property; increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or diminish or impair property values within the area;

      (5)   Because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this title and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

      (6)   The variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of this title;

      (7)   The Board of Adjustment shall hear and make determinations on variance to exceed the height limits as established by these regulations; and

      (8)   The Board of Adjustment, under its authority to grant variances, may impose reasonable conditions on the grant, and one accepting those conditions is bound by them.

(Ord. 14-01, passed 6-6-2014, Ch. 2, Art. 3)

(Ord. 14-01, passed 6-6-2014, Ch. 2, Art. 4)

      (1)   The County Planning and Zoning Director, designated by the County Commission, shall administer and enforce the provisions of this title and shall administer the policies established by the County Commission. The Director’s work shall be performed in cooperation with, and under the direction of, the County Commission and the Board. The Director shall have no power to vary or waive this title’s requirements.

      (2)   The Planning and Zoning Director shall:

         (a)   Issue all building permits and make and maintain records thereof;

         (b)   Issue and renew, where applicable, all temporary use permits and make and maintain records thereof;

         (c)   Issue all certificates of zoning compliance and make and maintain records thereof;

         (d)   Issue, where applicable, all conditional use permits and make and maintain records thereof;

         (e)   Issue variances and make and maintain records thereof;

         (f)   Maintain and keep current zoning maps, and records of amendments thereto;

         (g)   Conduct inspections as prescribed by this title, and such other inspections as are necessary to ensure compliance with the various provisions of this title;

         (h)   Maintain the records of the County Planning and Zoning Board;

         (i)   Collect data and information, be present or represented, and be prepared to answer technical questions at hearings or meetings of the County Commission;

         (j)   Act as liaison between the County Commission and the Board;

         (k)   Prepare and publish all public advertisement and notices for hearings of the County Commission and Board relative to Planning and Zoning activities and coordinate publication with the County Auditor;

         (l)   If the administrative official shall find that any of the provisions of this title are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions; and

         (m)   No building or other structures shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this title, unless he or she receives a written order from the Board of Adjustment or County Commission in the form of an administrative review, conditional use, or variance as provided by this title.

(Ord. 14-01, passed 6-6-2014, Ch. 2, Art. 5)