Appeals from any actions, decisions, or rulings of the Code Enforcement Officer or for a variance from the strict application of the standards stated in Article III herein may be made to the Town Board. Requests for all appeals shall be made in writing to the Town Board not later than 30 days after the act, decision, or ruling from which relief is sought
Appeals fees shall be established by Town Board resolution.
Within 60 days after receiving the written request, the Town Board shall hold a public hearing on the appeal, with prior notice published in a newspaper of general circulation in the Town at least 10 days before the date of the hearing and specifying the date, place, time, and purpose of the hearing.
Within 30 days of the final adjournment of a public hearing, the Town Board shall affirm, modify, or deny the action, decision, or ruling of the Code Enforcement Officer or correct any omission by him, or approve, with conditions, or disapprove the application. The decision of the Town Board shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the Town Board. As part of any decision, the Town Board shall direct the Code Enforcement Officer to issue any appropriate permit in conformity with its ruling and shall state a time by which such permit shall be issued, in conformity with this chapter.
A variance from the strict application of the standards of Article III shall not be granted unless the Board has found the following;
A.
The applicant has demonstrated a practical difficulty or unnecessary hardship, not self-imposed, in the compliance with this chapter.
B.
The variance could be in keeping with the intent and spirit of this chapter and is in the best interests of the community.
C.
There are special circumstances involved in the particular case which would deprive the applicant of the reasonable use of such land or dwelling.
D.
Denying the variance would result in undue hardship to the applicant, provided that such hardship has not been self-imposed.
E.
The variance is the minimum necessary to accomplish the purpose.
F.
On proof of special necessity for an agricultural use where mobile homes are needed for a farm's employees or family members, the Town board may grant a variance for the installation of one or more mobile home(s) on a lot on which a dwelling is already located, conditioned on the following: