The Board of Adjustment shall have
the following powers:
A. To hear and decide appeals where it is
alleged that there is an error in any order, requirement, decision
or determination made by an administrative official in the administration
or enforcement of this chapter.
B. To hear and decide on applications for
special exceptions upon which the Board is specifically authorized
to pass under this chapter.
C. To authorize upon appeal in specific cases
such variance from the terms of this chapter as will not be contrary
to the public interest where, owing to special conditions, the enforcement
of the provisions of this chapter will result in unwarranted hardship
and injustice, but which will most nearly accomplish the purpose and
intent of this chapter.
D. To hear and decide applications for interpretation
of the Zoning District Map where there is any uncertainty as to the
location of a district boundary.
In order to provide for adjustments
in the relative location of uses and buildings, to promote the usefulness
of these regulations and to supply the necessary elasticity to their
efficient operation, special use exceptions, limited as to locations
described in this Article, and special yard and height, exceptions
are permitted by the terms of these regulations. The following buildings
and uses are permitted as special exceptions if the Board finds that,
in its opinion, as a matter of fact, such exceptions will not substantially
affect adversely the uses of adjacent and neighboring property:
A. Special use exceptions:
(1) Temporary and conditional permits for a
period not to exceed five years, such period to be determined by the
Board, for the following uses, which are specified in each district:
[Amended 10-12-1999 by Ord. No. 1346; 10-12-2010 by Ord. No.
2152; 9-13-2011 by Ord. No. 2213; 10-22-2019 by Ord. No. 2684]
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Archery ranges
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Asphalt batching plants or concrete
batching plants
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Commercial dog kennels
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Miniature golf courses or driving
ranges
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Nonaccessory tents for special purposes
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Outdoor display or promotional activities
at shopping centers or elsewhere
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Pony rings
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Raising for sale of birds, bees,
rabbits and other small animals, fish and other creatures
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Riding academies, public stables
or private stables
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Rifle or pistol ranges, trap or skeet
shooting
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Sawmills for cutting timber grown
on the premises
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Temporary buildings for use as a
sales or rental office for an approved real estate development or
subdivision
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Use of a manufactured home as a single-family
dwelling in any district to meet an emergency or hardship situation
when not approved administratively by the Director or his or her designee,
such permit not to exceed two years. The Director may, without requiring
an application for a special use exception, grant an extension for
an emergency or hardship situation previously approved by the County
Board of Adjustment upon receipt of an affidavit from a doctor stating
that the emergency or hardship situation still exists. Such extension
may be granted annually as long as the emergency or hardship still
exists.
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Use of a manufactured-home-type structure
for any business, commercial or industrial use when not approved administratively
by the Director or his or her designee
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(2) Exceptions to parking and loading requirements
as follows:
(a)
Off-street parking areas, adjacent to or at a reasonable distance from the premises on which parking areas are required by the parking regulations of Article
XXII, where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises and where the purpose of these regulations to relieve congestion in the streets would best be served by permitting such parking off the premises.
(b)
Waiver or reduction of the parking
and loading requirements in any district whenever the character or
use of the buildings is such as to make unnecessary the full provision
of parking or loading facilities.
(c)
Waiver or reduction of loading space
requirements where adequate community loading facilities are provided.
(d)
Waiver or reduction of loading space
requirements for uses which contain less than 10,000 square feet of
floor area where construction of existing buildings, problems of access
or size of lot make impractical the provision of required loading
space.
(e)
Waiver of or reduction in interior
drive width.
(3) Other special use exceptions as follows,
which are specified in each district:
(a)
Private garages for more than four
automobiles and with floor area of more than 900 square feet in a
residential district.
(c)
Commercial greenhouses, wholesale
or retail.
(d)
Convalescent homes, nursing homes
or homes for the aged.
(e)
Day nurseries or child-care centers.
(g)
Nurseries for growing of plants,
trees and shrubs, including a building for sale of products produced
on the premises.
(h)
In any HI-1 Heavy Industrial District, those heavy industrial uses upon which the Board is required to pass under Article
XV.
(i)
Telephone central offices, in any AR, MR, GR, HR, UR, RPC
and VRP Districts, provided that all storage of materials, all repair
facilities and all housing of repair crews are within a completely
enclosed building.
(j)
Structures of mixed use, commercial and residential, in B-1 and UB Districts, subject to the provisions of Articles
IV through
XX and §
115-219.
(l)
The alteration, extension or replacement of a nonconforming manufactured home, subject to the provisions of §
115-196.
[Amended 10-12-2010 by Ord. No. 2152]
(m)
More than one manufactured home may be permitted on a farm of 10 acres or more pursuant to §
115-21A(5), provided that all manufactured homes or dwellings on the property are the primary place of residence for persons employed on the premises or immediate members of the family owning or operating the farm, and provided that the granting of this exception will not adversely affect the values or uses of adjacent properties.
[Amended 3-25-1997 by Ord. No. 1131; 10-12-2010 by Ord. No.
2152]
(n)
Tourist home (also referred to as
"bed-and-breakfast inns") in any AR, MR, GR, UR and B-1 Districts.
[Added 5-16-1989 by Ord. No. 585]
(o)
In any C-1 General Commercial District,
off-premises signs, not exceeding 600 square feet total, subject to
the provisions of § 115-81A(2).
[Added 12-14-1993 by Ord. No. 945]
(p)
Accessory dwelling units, subject to the dimensional requirements of §
115-20A(15)(c),
(d) and
(e).
[Added 10-22-2019 by Ord. No. 2684; amended 6-25-2024 by Ord. No. 3027]
B. Special yard exceptions:
(1) An exception in the yard regulations on
a lot where, on the adjacent lot, there is a front, side or rear yard
that does not conform to such yard regulations in a way similar to
the exception applied for.
(2) An exception in the depth of a rear yard
on a lot in a block where there are nonconforming rear yards.
(3) An exception where there are irregularities
in depths of existing front yards on a street frontage on the side
of a street between two intersecting streets, so that any one of the
existing depths shall, for a building hereafter constructed or extended,
be the required minimum front yard depth.
C. Special height exceptions:
(1) An exception to the height regulations
in the LI-1 and LI-2 Districts.
(2) An exception to the height limit of 150
feet for a radio or television broadcasting station or tower, provided
that construction and safety features are approved by the Director
in accord with applicable regulations, and provided that no hazard
is created in an airport approach zone.
Where, in these regulations, special
exceptions are permitted, provided that they are approved by the Board,
and where the Board is authorized to decide appeals or approve certain
uses and where the Board is authorized to approve variances, such
approval, decision or authorization shall be limited by such conditions
as the case may require, including the imposition of any of the following
specifications:
A. No outside signs or advertising structures
except professional or directional signs.
B. Limitations of signs as to size, type,
color, location or illumination.
C. Amount, direction and location of outdoor
lighting.
D. Amount and location of off-street parking
and loading space.
F. Gable roof or other type.
G. Construction and materials.
H. Connected or disconnected with other buildings.
I. Exits or entrances, doors and windows.
J. Paving, shrubbery, landscaping or ornamental
or screening fences, walls or hedges.
K. Time of day or night for operating.
N. Control or elimination of smoke, dust,
gas, noise or vibration by operations.
O. Requirements for termination of a use based
on lapse of time or such other conditions as the Board may specify.
P. Such other conditions as are necessary.
[Amended 3-20-2018 by Ord. No. 2563]
After the Board of Adjustment has
approved a special exception or granted a variance, the special exception
or variance so approved or granted shall lapse after the expiration
of two years if no substantial construction or change of use has taken
place in accordance with the plans for which such special exception
or variance was granted. The Board of Adjustment may extend the expiration
date of the special use exception or variance for a period not to
exceed one year upon a showing of good cause; provided, however, that
the extension request is submitted prior to the expiration of the
existing approval. If a decision of the Board is appealed, the two
years shall not begin until the decision on appeal becomes final.
The procedure for amendment of a
special exception or variance already approved or a request for a
change of conditions attached to an approval shall be the same as
for a new application, except that, where the Director determines
the change to be minor relative to the original approval, he may transmit
the same to the Board with the original record without requiring that
a new application be filed.
Appeals to courts from a decision
of the Board may be filed in a manner prescribed by law.