The Board of Adjustment shall establish regular meeting dates,
adopt rules for the conduct of its business, establish a quorum and
procedure, and keep a public record of all findings and decisions.
Each session of the Board of Adjustment is a public meeting, and public
notice of the meeting must be published in a newspaper of general
circulation in the City, at least one time 15 calendar days prior
to the meeting.
A.
The Board shall hear appeals from the decision of the Administrative
Official in respect to the enforcement and application of said code
and may affirm or reverse, in whole or in part, any decision of the
Administrative Official.
B.
The Board shall hear requests for variances from the literal provisions
of the Zoning Code in instances where strict enforcement of the Zoning
Code would cause undue hardship due to circumstances unique to the
individual property under consideration, and grant such variances
only when it is demonstrated that such action will be in keeping with
the spirit and intent of the provisions of the Zoning Code.
C.
The Board of Adjustment shall not permit as a variance any use in
a zone that is not permitted under the Code.
D.
The Board of Adjustment may impose conditions in granting of a variance
to ensure compliance and to protect adjacent property.
A decision of the Board of Adjustment may be appealed to a court
of record having jurisdiction in Washington County, Arkansas. The
appeal shall be filed within 30 days of the Board's decision.
A.
Application for variance. An application for a variance shall be
filed with the Administrative Official. At the time of filing, the
applicant shall provide the application fee and the anticipated cost
of publication and notice. The application shall contain the following
information and include the following documents:
B.
Hearing on application.
(1)
Notice of such hearing shall be published at least one time
at least 15 calendar days prior to the date of the public hearing
in a newspaper of general circulation in the City of Lincoln. The
applicant shall be responsible for this publication, bear the cost
of such advertising, and provide an affidavit of publication as proof
of the notice.
(2)
Notice of such hearing shall be given by conspicuously posting
a sign on the property involved by the applicant at least 15 calendar
days prior to the hearing.
(a)
Posting of the sign by the prescribed time shall be the responsibility
of the applicant.
(b)
The applicant must use the signs provided by the City of Lincoln
and shall pay a refundable deposit.
(c)
After the hearing, the sign shall be returned, and a refund
of the deposit will be issued for signs in good condition.
(3)
At least seven calendar days prior to the public hearing the
applicant must provide proof of publication that the required public
notice has appeared in a newspaper of general circulation at least
15 calendar days prior to the public hearing.
C.
Finding of fact. For the Board of Adjustment to approve an application
for any proposed variance, a majority of the entire Board must find
that each of the following facts exists with respect to the application:
(1)
Because of the particular physical surroundings, shape, or topographical
conditions of the specific property involved, the strict letter of
this Zoning Code would result in an undue hardship to the owner, as
distinguished from a mere inconvenience.
(2)
The conditions causing the need for a variance are unique to
the property and are not applicable, generally, to other property
within the same zoning classification.
(3)
The alleged difficulty or hardship is caused by this code and
has not been created by any persons presently having an interest in
the property or by any predecessor in title.
(4)
The alleged difficulty or hardship is not one of a financial
matter.
(5)
The granting of the variance will not harm the public welfare,
other property, or improvements in the neighborhood in which the property
is located.
(6)
The proposed variance will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion of the public streets, or increase the danger of fire,
or endanger the public safety, or substantially diminish or impair
the property values within the neighborhood;
(7)
The proposed variance complies with the spirit and intent of
restrictions imposed by this code.
D.
Conditions of variances. The Board of Adjustment may require such
conditions or restrictions upon the construction, location, and operation
of a variance as deemed necessary to secure the general objectives
of this code. Such conditions or restrictions may include, but shall
not be limited to, provisions for the protection of adjacent property,
the expiration of said variance after a specified period of time,
and off-street parking and loading requirements.
E.
Effect of denial of a variance. Absent a material change in circumstances
or conditions, no application for a variance that has been wholly
or partly denied by the Board of Adjustment shall be resubmitted within
a period of one year from date of said denial.
F.
Lapse of variance. A variance granted hereunder shall lapse and become
void:
(1)
Where buildings or construction is involved, if a building permit
for the construction tied to the variance is not issued within six
months or completed within two years, the approvals shall expire.
The applicant may request one three-month extension from the Planning
Commission Chairperson. One additional three-month extension may be
requested from the Board of Zoning Adjustments.
(2)
Where no building or construction is involved, approvals shall
expire within six months if the activity subject to the variance has
not commenced.
