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The purpose of the variance is to modify the strict application of the specific requirements of this chapter in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of his land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his lot as the Zoning Ordinance intended.
(A) Application. After written denial of a building permit from the governing body, a property owner may make application to the governing body for a variance, using forms obtainable.
(B) Public hearing. Upon receipt of an application and fee, the governing body shall hold a public hearing having first given 15 days notice. Such notice of the time and place of such hearing shall be published in a designated legal publication. The governing body shall consider and decide all applications for variances within 30 days of such public hearing and in accordance with the standards provided below.
(C) Standards for variances. In granting a variance, the governing body shall ascertain that the following criteria are met.
(1) Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography, or siting) as verified by the finding of the governing body, do not apply generally in the district.
(2) Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.
(3) For reasons fully set forth in the findings of the governing body, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicants of any reasonable use of his land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.
(4) Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of the land.
(5) The granting of any variance is in harmony with general purposes and intent of this chapter and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development.
(6) A fee, as per the current fee schedule, due and payable at the time of application, shall be paid to the Town Clerk as agent for the governing body, to cover the costs of notices and other expenses incidental to the hearing.
(D) Requirement for the granting of a variance. Before the governing body shall have the authority to grant a variance, the persons claiming the variance have the burden of showing:
(1) That the granting of the permit will not be contrary to the public interest;
(2) That the literal enforcement of this chapter will result in unnecessary hardship;
(3) That by granting the permit contrary to the provisions of this chapter the spirit of this chapter will be observed; and
(4) That by granting the permit, substantial justice will be done.
(Ord. 10.6, passed 3-17-2009)
(A) Any person or persons, jointly or severally, aggrieved by any decision of the governing body, or any taxpayer, any officer, department, board, or bureau of the municipality, may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing with the Chairman of the Board.
(B) Upon the presentation of such petition the court may allow a writ of certiorari directed to the governing body to review such decision of the governing body. The governing body shall be required to turn over to the court certified copies of all paper acted on by it, and any other information as may be pertinent and material to show the grounds of the decision appealed from.
(C) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(D) Costs shall not be allowed against the governing body unless it shall appear to the court that the governing body acted with gross negligence or in bad faith or with malice in making the decision appealed from.
(Ord. 10.6, passed 3-17-2009)
The following procedure is established to integrate properly the uses permitted on review with other land uses located in the district. These uses shall be reviewed by the governing body and authorized or rejected under the following procedure.
(A) Application. An application shall be filed with the governing body for review. Said application shall show the location and intended use of the site, the names of the property owners and existing land uses within 500 feet, and any other material pertinent to the request which the governing body may require.
(B) Public hearing. Upon application, the governing body shall give a 30 day notification of a public hearing. Such notice of time and place of such hearing shall be published in a local legal publication.
(C) Restrictions. In the exercise of its approval, the governing body may impose such conditions regarding the location, character, or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of this chapter.
(D) Issuance of permit. Upon completion of the necessary application, hearing, and approval of the governing body, the building permit shall be issued subject to all applicable rules, regulations, and conditions.
(E) Validity of plans. All approved plans, conditions, restrictions, and rules made a part of the approval of the governing body shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times.
(F) Time limit and notification. All applications for uses permitted on review shall be decided within 60 days of the date of application, and the applicant shall be provided with either a written notice of approval or denial.
(Ord. 10.6, passed 3-17-2009)
The regulations, restrictions, boundaries, and options set forth in this chapter may be amended, supplemented, revised, or repealed from time to time as conditions warrant, subject to the following conditions.
(A) Application. An application for a proposed rezoning shall be filed with the town's Planning Commission. Amendments may be instituted by the property owner or his or her designated representative, by an appropriate governmental agency, or by the town's Planning Commission. For rezone applications the following requirements shall apply: public notice shall be sent to all owners of property adjacent to or within 250 feet of the perimeter of the property, inclusive of public right-of-way. Notice shall be sent by first class mail at least 14 days prior to the public hearing. When adjacent property is owned by a subdivision or condominium association, notification may be sent to the management company or board of such association. The city may require the applicant to sign a certified affidavit prior to the public hearing as evidence to document compliance with the requirements of this section. The public notice shall provide the following information:
(1) The area subject to the proposed rezoned;
(2) The date, time, and location of the Planning Commission hearing;
(3) A summary of the purposes of the rezone and the changing conditions that support the rezone;
(4) Information regarding the existing zoning district and the proposed zoning district; and
(5) Any other information the Director deems relevant and necessary.
(B) Public hearings. Upon application, the town's Planning Commission shall hold a public hearing thereon, subject to the same notice requirements as set forth herein for the Board of Trustees, and then submit its report to the Board of Trustees. The proposed amendment shall be adopted as other ordinances, except that the town's Finance Officer shall cause to be published once a week for at least two successive weeks prior to the date of the adoption of the ordinance, a notice of the time and place when and where all persons interested shall be given a full, fair, and complete hearing.
(C) Time limit and notification. All proposed amendments shall be decided by the Board of Trustees within 60 days of the public hearing.
(D) Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide.
(1) Text or map amendments. The following conditions shall be met for all amendments:
(a) The proposed amendments shall be necessary because of substantially changed or changing conditions of the area and districts affected, or in the city generally;
(b) The proposed amendments shall be consistent with the intent and purposes of this chapter;
(c) The proposed amendment shall not adversely affect any other part of the town, nor shall any direct or indirect adverse effects result from the amendment; and
(d) The proposed amendments shall be consistent with and not in conflict with the development plans of the town including any of its elements, major street plan, land use plan, comprehensive plan, and others.
(2) Corrections. Errors or oversights as may be found in this title as originally adopted shall be corrected under the normal amendment procedure.
(E) Fees. A fee shall be paid at the time of filing any application for a zoning amendment. The fee shall be set by the Board of Trustees.
(Ord. passed 4-2-2018)
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