Sec. 1-1017

Other

• Appeal period30 days

  Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof.

• Conditions for conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. approval

  The board may impose conditions or limitations on any approval, including the posting of performance guarantees. Such conditions may include, but are not necessarily limited to: 1. The number of persons living or working in the immediate area and the proposed hours of operation; 2. Traffic conditions, including facilities for pedestrians, such as sidewalks and parking facilities; 3. The orderly growth of the neighborhood and community and the fiscal impact on the county; 4. The effect of odors, dust, gas, smoke, fumes, vibration, glare, and noise upon the use of surrounding properties; 5. Facilities for police, fire protection, sewerage, water, trash and garbage collection and disposal; 6. The degree to which the development is consistent with generally accepted engineering and planning principles and practices; 7. The structures in the vicinity such as schools, houses of worship, theaters, hospitals, and similar places of public use; 8. The purposes set forth in this ordinance, the county's comprehensive plan, and related studies; 9. The environmental impact, the effect on sensitive natural features, and opportunities for recreation and open space; 10. The preservation of cultural and historic resources or landmarks.

• Resubmission period after denial1 years

  No application for a conditional use which has been denied wholly or in part by the board of supervisors shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the board of supervisors.

• Discontinuation period for conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.2 years

  Where any conditional use is discontinued for any reason for a continuous period of two (2) years or more, the conditional use permit shall terminate and become null and void.

• Time to establish conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.2 years

  Unless otherwise specified by the conditions of the permit, failure to establish the conditional use authorized by the permit within two (2) years from the date of approval by the board of supervisors shall cause the permit to terminate and to become void.

• Years of continuous operation for fee waiver15 years

  The holder of such business license has operated continuously in the same location for at least fifteen (15) years and has paid all local taxes related to such use; The county shall permit the holder of such business license to apply for a rezoning or a conditional/special use permit without charge by the county or any agency affiliated with the county for fees associated with such filing.

• Extension for rebuilding after damage90 days

  One (1) extension not exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or rebuild the replacement residence.

• Time to rebuild after damage2 years

  Unless such building is repaired rebuilt or replaced and construction completed within two (2) years of the date of the natural disaster, casualty, or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of subsection H.(2) below.

• Time to complete repair after partial damage18 months

  When such use or structure is damaged less than fifty percent (50%) of the cost of reconstructing the entire use or structure, it may be repaired or restored; provided, any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction.

• Time to start repair after partial damage12 months

  When such use or structure is damaged less than fifty percent (50%) of the cost of reconstructing the entire use or structure, it may be repaired or restored; provided, any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction.

• Damage threshold for full rebuild50 pct

  If such building is damaged greater than fifty percent (50%) and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner of the property shall have the right to do so.

• Discontinuation period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use2 years

  land, buildings and structures and the uses thereof which do not conform to the regulations and restrictions prescribed for the district in which they are situated may be continued only so long as the existing or a more restricted use continues and such use is not discontinued for more than two (2) years

• Conditions for special useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. approval

  The board may impose conditions or limitations on any approval, including the posting of performance guarantees. Such conditions may include, but are not necessarily limited to: 1. The number of persons living or working in the immediate area and the proposed hours of operation; 2. Traffic conditions, including facilities for pedestrians, such as sidewalks and parking facilities; 3. The orderly growth of the neighborhood and community and the fiscal impact on the county; 4. The effect of odors, dust, gas, smoke, fumes, vibration, glare, and noise upon the use of surrounding properties; 5. Facilities for police, fire protection, sewerage, water, trash and garbage collection and disposal; 6. The degree to which the development is consistent with generally accepted engineering and planning principles and practices; 7. The structures in the vicinity such as schools, houses of worship, theaters, hospitals, and similar places of public use; 8. The purposes set forth in this ordinance, the county's comprehensive plan, and related studies; 9. The environmental impact, the effect on sensitive natural features, and opportunities for recreation and open space; 10. The preservation of cultural and historic resources or landmarks.

• Resubmission period after denial1 years

  No application for a special use which has been denied wholly or in part by the board of supervisors shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the board of supervisors.

• Discontinuation period for special useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.2 years

  Where any special use is discontinued for any reason for a continuous period of two (2) years or more, the special use permit shall terminate and become null and void.

• Time to establish special useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.2 years

  Unless otherwise specified by the conditions of the permit, failure to establish the special use authorized by the permit within two (2) years from the date of approval by the board of supervisors shall cause the permit to terminate and to become void.

• Resubmission period after varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. denial1 years

  Whenever the board of zoning appeals disapproves an application for a variance on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board for a period of one (1) year unless the applicant clearly demonstrates that: (A) Circumstances affecting the property which is the subject of the application have substantially changed; or (B) New information is available that could not with reasonable diligence have been presented at a previous hearing.

• Time to decide varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship./appeal90 days

  The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and decide the same within ninety (90) days of the filing of the application or appeal.