[Ord. No. 856, § 2.]
Appeals from decisions or refusals of a municipal official based
on or made in the enforcement of this article, and requests for interpretation
of the zoning map or this article or for decisions upon other special
questions upon which the board of adjustment or planning board is
authorized to pass by this article, and applications for approval
of conditional uses permitted by this article, and applications for
variances from the provisions of this article shall be administered,
processed and enforced in accordance with this division and with the
other applicable provisions of this chapter.
[Ord. No. 856, § 2.]
Zoning permits shall be secured from the development enforcement
officer, in cases not involving approvals by the board of adjustment
of applications for development, prior to the erection, construction
or alteration of any structure or part of a structure or of any parking
lot. A duly issued construction permit shall satisfy the purposes
of a zoning permit; provided, that it conforms to all further conditions
and requirements set forth in this article that are applicable to
zoning permits.
[Ord. No. 856, § 2.]
Requests for zoning permits shall be made in writing by the
owner or his authorized agent, shall include a statement of the use
or proposed use of the structure or parking lot and shall be accompanied
by a plan of the plot showing the exact size, shape and location of
all proposed and existing structures and parking lots and such other
information as may be necessary to enable the development enforcement
officer to determine whether or not the proposed use and structure
or parking lot complies with the provisions of this article, other
applicable provisions of this chapter and other ordinances of the
municipality.
[Ord. No. 856, § 2.]
The development enforcement officer, after receiving a complete
and properly prepared request, shall issue a zoning permit if he finds
that the proposed use and structure or parking lot complies with the
provisions of this article and with other applicable provisions of
this chapter and other ordinances of the municipality. Otherwise he
shall deny the request.
[Ord. No. 856, § 2.]
In any case in which a zoning permit is required no building
or parking lot or land shall be occupied or used, except land used
for permitted farming hereunder, for other than a permitted use in
existence at the time of the passage of this article, nor shall the
occupancy or use of such building or parking lot or land be changed
to any other occupancy or use which has different requirements under
this chapter, until a zoning certificate of occupancy has been issued
by the development enforcement officer upon written request of the
owner or his authorized agent. Such request shall include a statement
of the proposed use of the building or parking lot or land, and be
accompanied by a plan of the plot showing the exact size, shape and
location of all proposed and existing buildings or parking lots and
such other information as may be necessary to enable the development
enforcement officer to determine whether or not the proposed occupancy
or use complies with the provisions of this article and other applicable
provisions of this chapter and other ordinances of the municipality.
No zoning certificate of occupancy shall be issued unless the proposed
occupancy and use does so comply.
[Ord. No. 856, § 2.]
Subject to the foregoing, the board of adjustment or planning
board may, in exercising its powers, interpret this article in its
application to a particular case when the regulations are couched
in general terms only, and determine by close examination the true
location of any district boundary line, and vary the application of
the provisions hereof in harmony with their general intent and purpose
so as to avoid practical difficulties or unnecessary hardship and
secure the public health, safety and general welfare, but each appeal
or application for a variance shall be considered on its own merits,
and no variance shall be granted upon the basis of financial hardship
or hardship resulting from an act of the appellant or applicant subsequent
to the passage of this article whether in violation hereof or not,
nor shall any variance be granted unless:
(a)
There are special and strictly unique circumstances or conditions,
fully described in the findings of the board, which are peculiar to
the particular parcel or land or building for which the variance is
sought, and which do not apply generally to land or buildings in the
neighborhood, and such circumstances or conditions are such that the
strict application of the provisions of this article would deprive
the applicant of the reasonable use of such land or buildings; and
(b)
For reasons fully set forth in the findings of the board, the
variance is the minimum that will accomplish this purpose; and
(c)
The granting of the variance will be in harmony with the general
purposes and intent of this article, will not change the character
of the district and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
[Ord. No. 856, § 2.]
In cases of variances that involve the issuance of construction
permits, the variance shall terminate one year after the granting
of the variance unless a construction permit is applied for within
such one-year period or within such greater time limit as the board
of adjustment shall grant upon a showing of good cause made by the
applicant.
Time limitations that have been fixed in accordance with the
foregoing may thereafter be extended upon application to the board
of adjustment, with notice as required for variance hearings; provided,
that the application shall be made prior to the expiration of the
time limitation sought to be extended. Upon a showing of good cause
made by the applicant before the board of adjustment, the board may
extend the time limitation by resolution.
[Ord. No. 90-23, § 4.]
A condition of each zoning approval granted under this chapter
is that all taxes and assessments for local improvements on the property
for which zoning relief is sought shall be paid in full.
