(A)   The Community Development Administrator may approve applications for Class B variances, without further action of the Zoning Board of Appeals in the following circumstances:

      (1)   To permit any setback that is less than the setback permitted by the applicable regulations of the zoning district, but by not more than 10%;

      (2)   To increase the height of any structures or the lot coverage of any lot or parcel, but by not more than 10%; and

      (3)   To permit the use of a lot or lots not of record on the effective date of this chapter for a purpose otherwise prohibited solely because of insufficient area of width of the premises involved, if the area or width of such premises is not less than 90% of that required.

   (B)   (1)   For variances to be approved solely by the Community Development Administrator, a notice of the intent to grant such variance shall be sent by certified mail to all adjoining landowners. If any adjoining landowner files a written objection with the Community Development Administrator within 15 days of receipt of the notice, the variance shall be referred to the Zoning Board of Appeals for hearing.

      (2)   Variances approved solely by the Community Development Administrator shall list in writing a findings of fact upon which approval or denial of the variance is based.

   (C)   The Zoning Board of Appeals may approve or deny applications for Class B variances and shall issue findings of fact in support of any approval or denial.

   (D)   When the Zoning Board of Appeals hears a request for a Class A variance, or when the Zoning Board of Appeals cannot issue a decision due to a lack of four concurring votes, variances in the application of this chapter shall be granted only by the County Board by ordinance after considering the findings and recommendations of the Zoning Board of Appeals and recommendation of the Land Use Committee.

   (E)   For the purposes of this subchapter, a "Class A variance" includes any variance which is related to a Class A zoning case. as referenced in § 157.480(D). Also for the purposes of this subchapter, any variance other than a Class A variance is a "Class B variance."

(Prior Code, 7 TCC 1-24(b)) (Res. LU-23-02, passed 1-25-2023)

   Requests for variance shall be filed with the Community Development Administrator and shall include, but shall not be limited to, the following information:

   (A)   The names and address of the applicant and the name and address of the owner, if applicant is not such owner;

   (B)   The legal description and address (if available) of the premises;

   (C)   The variance sought and the need for such variance requested;

   (D)   The present zoning classification of the proposed property and surrounding zoning classifications; and

   (E)   A detailed site plan including; all existing and proposed buildings, setbacks to all property lines and between all proposed and existing buildings, and setbacks to well and septic systems (if applicable).

(Prior Code, 7 TCC 1-24(c)) (Res. LU-23-02, passed 1-25-2023)

   (A)   The ZBA shall conduct a public hearing to consider any variance from the terms of these regulations in accordance with the requirements of §§ 157.480 through 157.492.

   (B)   The ZBA shall review the application and the testimony at the public hearing.

   (C)   In the case of Class B variances, the ZBA shall grant the variance requested subject to specified conditions, or deny the variance. The report of the ZBA in granting or denying a variance shall contain a findings of fact specifying the reason for its decision.

   (D)   In the case of Class A variances, the ZBA shall make a report of its findings to the County Board, and in said report the ZBA shall indicate its recommendation. The report shall contain findings of fact specifying, where applicable, the reason for the ZBA's recommendation of approval or denial.

(Prior Code, 7 TCC 1-24(f)) (Res. LU-23-02, passed 1-25-2023)

   When the case involves a Class A variance, the Land Use Committee may review variance applications, the report of the ZBA, and the testimony at the ZBA hearing and shall recommend approval or denial of the findings of fact and recommendation by the ZBA to the County Board. The Land Use Committee may also recommend tabling the variance request, or referral back to the ZBA for further consideration.

(Res. LU-23-02, passed 1-25-2023)

   When the case involves a Class A variance, or when the ZBA cannot issue a decision due to a lack of four concurring votes, the County Board shall review the proposed variance, the report of the ZBA, and the recommendation of the Land Use Committee, and shall grant or deny the variance by a majority vote of the members present constituting a quorum. The County Board may also table the proposed variance or refer the petition back to the ZBA for further consideration.

(Res. LU-23-02, passed 1-25-2023)

   (A)   The petitioner shall pay all required fees associated with the request as well as the required publication costs. The filing fee shall be paid to the Community Development Administrator at the time of filing of the variance and the publication cost shall be paid prior to any final disposition of the request by the ZBA.

   (B)   When the case involves a Class A request, the applicant, upon submittal of an application shall submit a certified check to the Tazewell County Community Development Department in the amount of $50,000. A lesser amount may be accepted at the Community Development Administrator's discretion if defined criteria can be met. All funds shall be made payable to Tazewell County. This amount shall be placed in a FDIC-insured money-market interest bearing account and will be used to cover the County's cost incurred during the review process and public hearings. The fund shall be used for, but not limited to; costs of experts and attorneys retained by the county, cost incurred due to additional hearing beyond the normally scheduled hearings, cost due to additional staff time required to process and review the case and the cost of any appeals or judicial review should it be necessary. Should the county find it necessary to draw on such fees, written and detailed notice related to the cost should be provided for review which shall not exceed a 15-day period. Should the actual costs to the county exceed the cost deposit, the applicant shall remit additional funds as outlined in the applicable fee schedule within 15 days of the receipt of written notice from the Tazewell County Community Development Department. Total fee shall not exceed $100,000. The county may refuse the issuance of a permit application or continue any hearings until additional funds have been paid. In the absence of administrative review or appeal, all remaining funds not drawn upon, including interest accrued, shall be returned to the petitioner 45 days following the decision of the Tazewell County Board.

(Prior Code, 7 TCC 1-24(g)) (Res. LU-23-02, passed 1-25-2023)