§ 22.9. Concurrent variances.

The Board of Commissioners may consider a concurrent variance from any standards of the Zoning Resolution which shall be filed simultaneously with rezoning, use permit or zoning modification requests on the same property based on the conceptual plan submitted with the petition for the same agenda. The Community Zoning Board shall also hear and make recommendations on concurrent variances filed with rezonings or use permit applications. The Board of Commissioners shall consider such concurrent variance requests in accordance with the standards set forth in Section 22.3.1. Public notification shall be in accordance with Sections 22.13.9 and 28.3. (Amended 06/04/03)

22.9.1 Limitations on concurrent variances.

A.

The board of commissioners may only consider variance requests as part of, or in conjunction with, a rezoning, use permit or modification application.

B.

Deleted 11/03/04.

C.

If an application for a variance to the board of zoning appeals duplicates a concurrent variance request denied by the board of commissioners, such an application shall not be accepted by the director of the department of environment and community development prior to the expiration of six months from the date of the board of commissioners' denial of the variance request. A variance request to the board of zoning appeals cannot be considered simultaneously with the same variance request pending before the board of commissioners.

22.9.2 Application for concurrent variances. Applications for a concurrent variance shall be submitted to the director of the department of environment and community development in accordance with the advertised filing deadlines for the board of commissioners meetings. A regular variance fee shall be charged and the application shall comply with all advertising and notification requirements specified in article 28, Rezoning And Other Amendment Procedures. One notice sign may serve for both the rezoning, use permit, zoning modification, and concurrent variance request as long as the sign is marked to indicate all actions which are pending.

The variance case file number for each concurrent variance requested shall be included on the rezoning petition.