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§ 153.030 ESTABLISHMENT; APPOINTMENT.
   (A)   Board created; terms; removal. There is hereby created a Zoning Board of Adjustment consisting of three members, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing.
   (B)   Vacancies. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
   (C)   Continuation of existing Board. It is specifically provided, however, that on the effective date of this chapter, such Board of Adjustment as was legally in existence immediately prior to such date shall be constituted as the Board of Adjustment hereby created, and the terms of the then members of said Board shall expire after a period of three years, or until their successors are duly appointed and qualified.
   (D)   Appointment and confirmation. Said Board of Adjustment shall be appointed by the Mayor and confirmed by the Board of Trustees.
(Prior Code, § 10-2-1) (Ord. 2009-3, passed 5-15-2009)
§ 153.031 PROCEDURE; MEETINGS.
   (A)   Chairperson. The Zoning Board of Adjustment shall elect one of its members as Chairperson, who shall serve for the duration of his or her term.
   (B)   Rules. The Board shall adopt rules in accordance with the provisions of this chapter.
   (C)   Meetings. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public.
   (D)   Functions; procedure. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses by subpoena. The Board shall keep the minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(Prior Code, § 10-2-2) (Ord. 2009-3, passed 5-15-2009)
§ 153.032 APPEALS.
   Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any administrative decision based on this chapter. Such appeal shall be taken within 30 days by filing with the town’s Clerk-Treasurer and the Board of Adjustment a notice of appeal specifying the grounds thereof. The town’s Clerk-Treasurer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(Prior Code, § 10-2-3) (Ord. 2009-3, passed 5-15-2009)
§ 153.033 PUBLIC HEARING REQUIRED.
   The Zoning Board of Adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give ten days’ public notice thereof in a newspaper of general circulation, as well as by mailing written notice by the Clerk of the Board of Adjustment to all owners of property within a 300-foot radius of the exterior boundary of the subject property at least ten days prior to the hearing and decide the same within a reasonable time. The owner or agent shall provide a list of the owners within the 300-foot radius certified to be accurate by a bonded abstracter, attorney or such other entity as may be acceptable to the Clerk-Treasurer. The appeal, variance or exception shall be deemed not filed until said list is provided. Upon the hearing, any party may appear in person, or by agent, or by attorney.
(Prior Code, § 10-2-4) (Ord. 2009-3, passed 5-15-2009)
§ 153.034 VARIANCES AND SPECIAL EXCEPTIONS; FILING FEE.
   (A)   Powers enumerated. The Zoning Board of Adjustment shall have the following powers:
      (1)   Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the Zoning Administrator in the enforcement of this chapter;
      (2)   Variances. To authorize, upon appeal, in specific cases such variances from the terms of this chapter as will not be contrary to the public interest. Where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in any individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that:
         (a)   The application of this chapter to this particular piece of property would create an unnecessary hardship;
         (b)   Such conditions are peculiar to the particular piece of property involved;
         (c)   Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter or the Comprehensive Plan; and
         (d)   The variance, if granted, would be minimum necessary to alleviate the unnecessary hardship.
      (3)   Special exceptions regarding uses; mobile homes. To hear and decide special exceptions to this chapter to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment. Such special exceptions may be granted in such individual cases for the duration of the use of a particular approved owner occupied single-family mobile home, regardless of change of ownership, in the R-1 and A-1 Districts so long as the mobile home continues to be occupied by an owner on a lot and in a manner which otherwise complies with this chapter, subject to the following procedures and provisions:
         (a)   Notice must be mailed to the last address as reflected by the records of the County Treasurer, to all owners of property whose boundary lies within 300 feet of the property for which the special exception is sought at least ten days in advance of the hearing on the said special exception;
         (b)   Publication of said application as required by § 153.033 of this chapter; and
         (c)   That, if no objection is presented by the owners of the property within 300 feet, then the special exception as to such particular mobile home shall be granted; provided, the mobile home must meet the minimum standards of the Federal Department of Housing and Urban Development, as amended from time to time.
   (B)   Voting of members. In exercising the above powers, the Board of Adjustment shall have the concurring vote of at least two of its members in order that it may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and may make such order, requirement, decision or determination as ought to be made.
   (C)   Filing fee. Upon the filing of a Board of Adjustment appeal, variance or exception, the property owner or his or her agent shall pay a filing fee of $300 to the Clerk of the Board of Adjustment. All fees collected by the Board of Adjustment shall be deposited with the town’s Clerk-Treasurer and credited to the General Fund of the town; provided that, in appeals involving administrative review, the filing fee shall be waived by the Clerk-Treasurer in the event he or she determines, after review of a completed pauper’s affidavit, that the applicant would not otherwise be able to obtain review of said administrative decision; provided further that, in appeals involving administrative review, the filing fee shall be refunded in the event of a final determination rendered in favor of the applicant. A FINAL DETERMINATION shall be defined as a decision of the Board of Adjustment or the courts of the state, as the case may be, from which no further appeal has been taken within the time allowed by statute.
(Prior Code, § 10-2-5) (Ord. 2009-3, passed 5-15-2009)
§ 153.035 APPEAL TO DISTRICT COURT.
   (A)   Filing notice of appeal.
      (1)   An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer, or any officer, department, board or bureau of the town to the District Court by filing a notice of appeal with the town’s Clerk-Treasurer and with the Clerk of the Board of Adjustment within 60 days from the filing of the decision of the Board, which notice shall specify the grounds of such appeal.
      (2)   Upon filing of the notice of appeal as herein provided, the said Board shall transmit forthwith to the Court Clerk of the county the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the Board.
   (B)   Stay of proceedings.
      (1)   An appeal to the District Court from the Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the Chairperson of the Board of Adjustment, from which the appeal is taken, certified to the Court Clerk, after the notice of appeal shall have been filed, that by reason of the facts stated in the certificate a stay, in his or her opinion, would cause imminent peril to life or property.
      (2)   In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the District Court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this chapter, and upon notice to the Chairperson of the Board of Adjustment from which the appeal is taken and upon due cause being shown.
   (C)   Court decision. The court may reverse, or affirm, wholly or partly, or modify the decision brought up for review.
(Prior Code, § 10-2-6) (Ord. 2009-3, passed 5-15-2009)
ZONING DISTRICTS; MAP
§ 153.050 DISTRICTS ESTABLISHED.
   For the purpose of this chapter and the promotion of public health, safety and general welfare of the community, the following districts are hereby established for the town:
   (A)   Residential districts:
      (1)   A-1, General Agricultural District;
      (2)   R-1, Single-Family Residential District; and
      (3)   R-2, General Residential District.
   (B)   Commercial districts:
      (1)   C-1, Convenience Commercial District;
      (2)   C-2, Highway Commercial and Commercial Recreation District; and
      (3)   C-3, General Commercial District.
   (C)   Industrial districts:
      (1)   I-1, Light Industrial District; and
      (2)   I-2, Heavy Industrial District.
(Prior Code, § 10-3-1) (Ord. 2009-3, passed 5-15-2009)
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