A.
The Town Board shall hear requests for waivers from the literal provisions
of this chapter in instances where strict enforcement would be impractical
or unduly burdensome because and only because of circumstances unique
to the individual property under consideration and only when it is
demonstrated by the applicant that the waiver would be in keeping
with the spirit and intent of this chapter.
B.
In addition to the requirements above, in granting a waiver the Town
Board shall consider all of the following findings:
(1)
That the purpose of the waiver is not based exclusively upon a desire
to increase the value of the income potential of the parcel of land.
(2)
That granting of such waiver is necessary for the preservation and
enjoyment of substantial property rights of the applicant and the
alleged uniqueness or special circumstances have not been created
by any person having an interest in the waiver.
(3)
That granting of such waiver will not, under the circumstances of
this particular case, materially adversely affect the health, safety
or general welfare of persons residing or working in the neighborhood
of the property and will not, under the circumstances of this particular
case, be materially detrimental to neighborhood aesthetics or injurious
to the property or improvements of the neighborhood.
(4)
That the waiver cannot be based on a mere inconvenience, a financial
hardship or a self-created hardship for the applicant if the strict
letter of the regulation were carried out.
(5)
That a waiver shall provide only the minimum relief necessary to
alleviate the hardship.
C.
An application for a waiver shall follow the procedure below:
(1)
At least 14 days before the Plan Commission meeting where the waiver
application will be considered, the Town Plan Commission and the Town
Board shall receive the waiver application from the applicant. The
application shall be on a form available in the office of the Town
Clerk/Treasurer and the submittals shall include all the appropriate
documents and fees.
(2)
Application materials shall be complete in order to allow the Town
Clerk/Treasurer to publish the waiver proposal.
(3)
The application shall fully state all facts relied upon to support
the waiver and shall include drawings, studies, plans or other information
that will aid the Plan Commission and Town Board in reviewing the
decision.
(4)
The Town Board shall review and approve or disapprove the application
within 60 days of receipt based on compliance with this chapter and
any other relevant St. Joseph Town codes.
D.
The decision by the Town Board regarding the waiver shall follow
the procedure below.
A.
No person, corporation or organization shall violate any provision
of this chapter. Any person, corporation or organization who or which
fails to comply with the provisions of this chapter shall forfeit
$100 for the violation, plus the costs of prosecution for the violation.
B.
If the violation is not corrected within 10 working days of notice
of violation, said person, corporation or organization shall forfeit
$100 plus the costs of prosecution for the violation for each day
a violation exists or continues. Each day shall constitute a separate
offense. The Town of St. Joseph may institute appropriate action or
proceedings to enjoin any violation of this chapter or to require
any person, corporation or organization to comply with this chapter.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this chapter.
