Lincoln City Zoning Code
DIVISION 4.13
Board of Adjustment
§ 4.13.1 Organization.
§ 4.13.2 Meetings and hearings.
The Board of Adjustment shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Each session of the Board of Adjustment is a public meeting, and public notice of the meeting must be published in a newspaper of general circulation in the City, at least one time 15 calendar days prior to the meeting.
§ 4.13.3 Powers and duties.
A.
The Board shall hear appeals from the decision of the Administrative Official in respect to the enforcement and application of said code and may affirm or reverse, in whole or in part, any decision of the Administrative Official.
B.
The Board shall hear requests for variances from the literal provisions of the Zoning Code in instances where strict enforcement of the Zoning Code would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the Zoning Code.
C.
The Board of Adjustment shall not permit as a variance any use in a zone that is not permitted under the Code.
D.
The Board of Adjustment may impose conditions in granting of a variance to ensure compliance and to protect adjacent property.
§ 4.13.4 Appeals.
A decision of the Board of Adjustment may be appealed to a court of record having jurisdiction in Washington County, Arkansas. The appeal shall be filed within 30 days of the Board's decision.
§ 4.13.5 Procedure for variance applications.
[Amended 2-20-2024 by Ord. No. 2024-08]
A.
Application for variance. An application for a variance shall be filed with the Administrative Official. At the time of filing, the applicant shall provide the application fee and the anticipated cost of publication and notice. The application shall contain the following information and include the following documents:
B.
Hearing on application.
(1)
Notice of such hearing shall be published at least one time at least 15 calendar days prior to the date of the public hearing in a newspaper of general circulation in the City of Lincoln. The applicant shall be responsible for this publication, bear the cost of such advertising, and provide an affidavit of publication as proof of the notice.
(2)
Notice of such hearing shall be given by conspicuously posting a sign on the property involved by the applicant at least 15 calendar days prior to the hearing.
(a)
Posting of the sign by the prescribed time shall be the responsibility of the applicant.
(b)
The applicant must use the signs provided by the City of Lincoln and shall pay a refundable deposit.
(c)
After the hearing, the sign shall be returned, and a refund of the deposit will be issued for signs in good condition.
(3)
At least seven calendar days prior to the public hearing the applicant must provide proof of publication that the required public notice has appeared in a newspaper of general circulation at least 15 calendar days prior to the public hearing.
C.
Finding of fact. For the Board of Adjustment to approve an application for any proposed variance, a majority of the entire Board must find that at least a minimum of three of the following facts exist with respect to the application:
(1)
Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, the strict letter of this Zoning Code would result in an undue hardship to the owner, as distinguished from a mere inconvenience.
(2)
The conditions causing the need for a variance are unique to the property and are not applicable, generally, to other property within the same zoning classification.
(3)
The alleged difficulty or hardship is caused by this code and has not been created by any persons presently having an interest in the property or by any predecessor in title.
(4)
The alleged difficulty or hardship is not one of a financial matter.
(5)
The granting of the variance will not harm the public welfare, other property, or improvements in the neighborhood in which the property is located.
D.
Conditions of variances. The Board of Adjustment may require such conditions or restrictions upon the construction, location, and operation of a variance as deemed necessary to secure the general objectives of this code. Such conditions or restrictions may include, but shall not be limited to, provisions for the protection of adjacent property, the expiration of said variance after a specified period of time, and off-street parking and loading requirements.
E.
Effect of denial of a variance. Absent a material change in circumstances or conditions, no application for a variance that has been wholly or partly denied by the Board of Adjustment shall be resubmitted within a period of one year from date of said denial.
F.
Lapse of variance. A variance granted hereunder shall lapse and become void:
(1)
Where buildings or construction is involved, if a building permit for the construction tied to the variance is not issued within six months or completed within two years, the approvals shall expire. The applicant may request one three-month extension from the Planning Commission Chairperson. One additional three-month extension may be requested from the Board of Zoning Adjustments.
(2)
Where no building or construction is involved, approvals shall expire within six months if the activity subject to the variance has not commenced.