1.

A Board of Zoning Adjustment is hereby established to consist of 5 members nominated by the Planning Commission and confirmed by the City Council. One member shall be a member of the Planning Commission and four members shall be citizens at large. Each member shall be appointed for three-year terms on a rotating basis. All members of the Board of Zoning Adjustment as of the date of adoption hereof shall continue to serve as members until expiration of their respective terms of office as established upon the date of their respective appointments.

2.

All members of the Board shall be residents of the City of Searcy.

3.

No members of the Board shall hold an elective office in the city government.

4.

Upon appointment and annually thereafter the Board shall meet, elect a chairman and secretary and organize for the coming year or until their successors qualify.

The Board of Zoning 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 finding and decisions. Each session of the Board of Zoning Adjustment shall be a public meeting with public notice of said meeting and business to be carried on published in a newspaper of general circulation in the city, at least 1 time 7 days prior to the meeting.

1.

The Board shall hear appeals from the decision of the Enforcement Officer in respect to the enforcement and application of said Code; and may affirm or reverse, in whole or in part, said decision of the Enforcement Officer.

2.

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.

3.

The Board of Zoning Adjustment shall not permit as a Variance, any use in a zone that is not permitted under the Code.

4.

The Board of Zoning Adjustment may impose conditions in granting of a Variance to insure compliance and to protect adjacent property.

A decision of the Board of Zoning Adjustment may be appealed to a court of record having jurisdiction in White County, Arkansas.

1.

Application for Variance: An application for a Variance shall be filed with the Enforcement Officer. At the time of filing, the applicant shall tender the application fee and the anticipated cost of publication and notice. The application shall contain the following information and include the following documents:

A.

Name and address of applicant.

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the Variance is proposed.

C.

Address or description of the property.

D.

A list of the names and addresses of owners of all adjoining properties.

E.

A map of the subject property, delineating:

i.

the dimensions of property;

ii.

approximate location of buildings with appropriate dimensions;

iii.

land uses of adjacent properties.

2.

Hearing on Application: Upon receipt in proper form of the application and within 60 days thereafter, the Board of Zoning Adjustment shall hold a public hearing on the proposed Variance. Notice of such hearing shall be published at least one time not less than 7 days prior to the public hearing. The cost of the publication of the notice shall be paid by the applicant.

3.

Finding of Fact: For the Board of Zoning Adjustment to approve an application for any proposed Variance, a majority of the entire Board must find that each of the following facts exist with respect to the application:

A.

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.

B.

The conditions upon which a petition for a Variance are based are unique to the property for which the Variance is sought and are not applicable, generally, to other property within the same zoning classification.

C.

The purpose of the Variance is not based exclusively upon a desire to increase the value or income potential of the property.

D.

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.

E.

The granting of the Variance will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

F.

The proposed Variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair the property values within the neighborhood;

G.

The proposed Variance complies with the spirit and intent of restrictions imposed by this Code.

4.

Conditions of Variances: The Board of Zoning 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.

5.

Deadline for Zoning Board of Adjustment Decision: Within 30 days after the close of the public hearing, the Board of Zoning Adjustment shall make a written finding of fact and submit its decision to the Enforcement Officer.

6.

Effect of Denial of a Variance: No application for a Variance that has been wholly or partly denied by the Board of Zoning Adjustment shall be resubmitted within a period of 1 year from date of said denial.

7.

Lapse of Variance: A Variance granted hereunder shall lapse and become void:

A.

Where no building or construction is involved, if the use of the property which is the subject matter of the Variance shall not have been commenced in accordance with the variance within 1 year of the date of granting the Variance; or

B.

Where buildings or construction is involved, if a building permit for such construction in accordance with the Variance shall not have been issued within 1 year from the date of granting the Variance, and, thereafter, such construction diligently pursued so as to be completed and placed in use within 2 years from the date of granting the Variance.