§ 134-34. Variance applications.  


Latest version.
  • (a)

    Submission. An applicant for a variance shall file with or submit to the county, prior to processing of the application, the following:

    (1)

    A completed application shall be filed on forms prescribed by the county.

    (2)

    The notarized signature of the applicant and record titleholder shall appear upon the application.

    (3)

    The application fee shall be paid. These fees shall be established from time to time by resolution of the board of commissioners. A copy of the fee schedule shall be maintained for public inspection in the office of the zoning division manager.

    (4)

    The applicant shall submit a current boundary survey and plot plan, to scale, prepared by a registered surveyor or registered engineer. Such plans shall also include such other information thereon as may be required by the zoning or planning division of the county, including preliminary plans for development, building locations, parking areas, access points, adjacent streets, land lot lines and buffer areas.

    (5)

    Private sewage disposal must be approved by the county health department, and written approval from the health department must be filed with the application.

    (6)

    The applicant shall submit any other information required by the county zoning or planning staff which they deem necessary or desirable in processing the application which is related to the present or proposed use of the property.

    (b)

    Posting of public notice. The posting shall be the same as set forth in section 134-121(b) for zoning applications.

    (c)

    Reconsideration of rejected applications. If an application for variance is rejected, then any portion of the same property may not be considered for any type of variance for a period of 12 months from the date the application was rejected, unless by court order or pursuant to a settlement of litigation approved by the board of zoning appeals.

    (d)

    In no event shall an application be withdrawn more than once without prejudicing the right of the applicant or property owner to apply for a variance within 12 months of the first application.

    (e)

    An application which is withdrawn within seven days of the board of zoning appeals hearing without the permission of the board of zoning appeals shall be deemed a rejected application with a 12-month prejudice period.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-8.5; Ord. of 1-11-94; Ord. of 2-28-12; Ord. of 7-24-12)