Ordinance 2015-076 - Laserfiche WebLink

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Version KW1, 082015 At any time the owner of property, or his duly authorized agent, may file with the secretary of the Board of Zoning Appeals a request for a ruling or for a special permit, which request shall state the section or sections of the Zoning Code in question and the facts that give rise to the question requiring the ruling for an interpretation of this Code or section or sections of this Code requiring the Board to issue a special permit and the facts which justify the granting of the same. (Ord. 90-125. Passed 5-21-91.) 1123.09 NOTICE AND HEARING. (a) The Board of Zoning Appeals shall not grant any variance from the provisions of this Zoning Code, affirm, reverse or modify any ruling or determination of the Building Official, make any requested ruling or grant any special permit except after a public hearing pursuant to public notice. A notice of the date, time and subject matter of the public hearing to be considered by the Board shall be given by first class mail, postage prepaid, at least five days prior to the date of such hearing to the applicant or appellant and to the independent record title owners of the following premises: (1) Those on the same side of the street which abut the premises involved; and (2) Those across the street immediately opposite the premises involved and the contiguous abutting properties; and (3) The property or properties which abut the premises to the rear and the contiguous abutting properties; (4) Any other premises abutting the premises involved; and (5) Such other premises as may be ordered to be notified by rule or regulations of the Board or by its special order. (b) For purposes of this section"independent record title holder," except as otherwise specifically provided herein for condominium property, means a person, who as disclosed by the records of the Auditor of the County, is the owner at any date within sixty days of the date of such notice. For condominium property, "independent record title holder" means the condominium homeowners association for the condominium property as disclosed by the records of the Auditor or Recorder of the County. Notice to a condominium homeowners association shall be deemed sufficient if it is addressed to the President and Secretary of the association and mailed to the address for the association listed in the records of the Auditor or Recorder of the County. Notice to the independent record title owner shall be notice to any subsequent purchaser of the property. Nothing herein provided shall be construed as limiting the power of the Board from enlarging on such notice. (Ord. 2001-108. Passed 10-16-01.) 1123.10 REQUEST FOR RULING ON PROPOSED USE; STANDARDS. The owner of any property may file an application for ruling as to whether or not a specific proposed use is permitted by the Zoning Code in the district in which such premises are located. The ruling of the Planning and Design Commission shall be made, after public hearing, in terms of the following standards: (a) Such a use is not listed in any other classification of permitted buildings or uses; (b) Such a use is more appropriate and conforms to the basic characteristics of the district in which it is to be located than in any other district; (c) Such a use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses permitted in the same district; and (d) Such a use does not create traffic to a greater extent than the other uses permitted in the same district. (Ord. 90-125. Passed 5-21-91.) 1123.11 SPECIAL PERMIT APPROVAL CONDITIONS.