[Ord. No. 2480, 5-8-2023]
A. A Board of Adjustment is hereby created in accordance with State
Statutes governing such creation. The word "Board" when used in this
Article shall mean Board of Adjustment. The Board shall adopt rules
of procedure as may be necessary and proper to govern its own proceedings;
such rules shall not be in conflict with other laws, ordinances or
resolutions. Meetings of the Board shall be held at the call of the
Chairman and at such other times as the Board may determine. The Board
shall keep minutes of its proceedings, showing the description of
evidence presented, the findings of fact by the Board, the decision
of the Board and the vote of each member upon each question, or if
absent or failing to vote, indicating such fact, and will keep records
of its examinations and other official actions, all of which shall
be filed in the office of the Board immediately and shall be a public
record.
[Ord. No. 2480, 5-8-2023]
A. The Board shall have the following powers and jurisdictions:
1.
Appeals. To hear and decide where it is alleged there is an
error in any order, requirement, decision, or determination made by
the Zoning Administrator in the enforcement of these Regulations.
a.
Appeals of the Board may be taken by the person aggrieved, or
by any officer, department, or bureau of the government affected by
any decision of the Zoning Administrator. Such appeal shall be taken
within a reasonable time, as shall be prescribed by the Board by general
rule, by filing with the Zoning Administrator and with the Secretary
of the Board a notice of appeal specifying the grounds thereof. The
Zoning Administrator shall forthwith transmit to the Secretary of
the Board all papers constituting the record upon which the action
appealed from is taken.
b.
An appeal stays all proceedings in furtherance of the action
appealed from, unless the Zoning Administrator certifies to the Board,
after the notice of appeal shall have been filed with him/her, that
by reason of facts stated in the certificate, a stay would, in his/her
opinion, cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board, or by a court of record on application or
notice to the Zoning Administrator of good cause shown.
2.
Variances. To authorize in specific cases a variance from the
specific terms of these Regulations which will not be contrary to
the public interest and where, owing to special conditions, a literal
enforcement of the provisions of these Regulations will, in an individual
case, result in unnecessary hardship, provided the spirit of these
Regulations shall be observed, public safety and welfare secured,
and substantial justice done.
a.
The applicant must show that his property was acquired in good
faith and where by reason of exceptional narrowness, shallowness,
or shape of this specific piece of property at the time of the effective
date of the District Zoning Regulations, or where by reason of exceptional
topographical conditions or other extraordinary or exceptional circumstances,
that the strict application of the terms of the Zoning Regulations
actually prohibits the use of his property in the manner similar to
that of other property in the zoning district where it is located.
b.
Variances may be granted for any modifications of the specific
terms of the Zoning Regulations, except that a variance may not be
granted to allow the establishment of a use not permitted in the district
regulations.
c.
A request for a variance may be granted, upon a finding of the
Board that all of the following conditions have been met. The Board
shall make a determination of each condition and the finding shall
be entered in the record.
(1) The variance requested arises from such condition
which is unique to the property in question and which is not ordinarily
found in the same zone or district; and is not created by an action
or actions of the property owner or applicant.
(2) The granting of the permit for the variance will
not adversely affect the rights of adjacent property owners or residents.
(3) The strict application of the provisions of the
Zoning Regulations of which the variance is requested will constitute
unnecessary hardship upon the property owner represented in the application.
(4) The variance desired will not adversely affect
the public health, safety, morals, order, convenience, prosperity,
or general welfare.
(5) The granting of the variance desired will not be
opposed to the general spirit and intent of the Zoning Regulations.
3.
Conditions Of Determination. In exercising the foregoing powers,
the Board, in conformity with the provisions of this act, may reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination, and to that end shall have all the powers
of the officer from where the appeal is taken, may attach appropriate
conditions, and may issue or direct the issuance of a permit.
B. A majority of the Board shall constitute a quorum for the transaction
of business, and a concurring vote of a majority of the entire Board
shall be necessary to reverse any order, requirement, decision, or
determination of the Zoning Administrator, or to decide in favor of
the applicant upon any matter which it is required to pass under any
such regulation, or to affect any variation in such regulation. Upon
the hearing, any party may appear in person or by agent or by attorney.
[Ord. No. 2480, 5-8-2023]
A. The procedure for requesting a hearing before the Board shall be
as follows:
1.
All applications to the Board shall be in writing on forms provided
by the Board.
2.
The Board shall fix a reasonable time for the hearing of an
application and notice of the time, place, and subject of each hearing
shall be published in the official newspaper (as designated by the
Governing Body) at least fifteen (15) days prior to the date fixed
for the public hearing. A copy of the Notice of Public Hearing shall
be sent to each party of interest and to the Planning Commission.
3.
An application shall be accompanied by a filing fee of fifty
dollars ($50.00).
B. In addition to the above requirements, certain applications require
additional information as follows:
1.
Appeals.
a.
An application for an appeal shall be filed within sixty (60)
days after a ruling has been made by the Zoning Administrator.
b.
A copy of the order, requirement, decision, or determination
of the Zoning Administrator which the appellant believes to be in
error.
c.
A clear and accurate written description of the proposed use,
work, or action in which the appeal is involved and a statement justifying
the appellant's position.
d.
Where necessary, a plot plan, drawn to scale, shall be submitted
in duplicate showing existing and proposed plans for the area in question.
2.
Variances.
a.
The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the Zoning Regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the five (5) conditions as set out in Section
400.760(A)(2)(c) of this Article.
b.
The applicant shall submit a sketch, in duplicate, drawn to
scale and showing the lot or lots included in the application, the
structures existing thereon, and the structures contemplated necessitating
the variance requested. All appropriate dimensions should be included
and any other information which would be helpful to the Board in consideration
of the application.
[Ord. No. 2480, 5-8-2023]
A. In making any decisions varying or modifying any provisions of the
Zoning Regulations or in granting an exception to the district regulations,
the Board shall impose such restrictions, terms, time limitations,
landscaping, and other appropriate safeguards to protect adjoining
property.
B. The Board may require a performance bond to guarantee the installation
of improvements such as parking lot surfacing, landscaping, etc. The
amount of the bond shall be based on a general estimate of cost for
the improvements as determined by the Board, and shall be enforceable
by or payable to the Governing Body in the sum equal to the cost of
constructing the required improvements.
C. In lieu of the performance bond requirement, the Board may specify
a time limit for the completion of such required improvements and,
in the event the improvements are not completed within the specified
time, the Board may declare the granting of the application null and
void after reconsideration.
[Ord. No. 2480, 5-8-2023]
Any person, persons, department, or departments of the government
jointly or separately aggrieved by any decision of the Board may present
to the District Court having jurisdiction a petition, duly verified,
stating that such decision is illegal in whole or in part, specifying
the grounds of the illegality, and asking for relief therefrom. Such
petition shall be presented to the Court within thirty (30) days after
the date of filing the decision in the office of the Board.