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§ 155.87 COURT REVIEW OF DECISIONS OF THE BOARD.
   (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)
§ 155.88 CERTIFICATE OF OCCUPANCY.
   A certificate of occupancy shall be required as regulated in the Uniform Building Code.
(Ord. 10.6, passed 3-17-2009)
§ 155.89 PROCEDURE FOR AUTHORIZING USES PERMITTED ON REVIEW.
   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)
§ 155.90 REZONING.
   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)
§ 155.91 AMENDMENTS.
   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 amendment shall be filed with the governing body. Amendments may be instituted by either the property owner or his designated representative or by an appropriate governmental agency.
   (B)   Public hearing. Upon application, the governing body shall schedule a hearing having first given 30 days notice of such hearings by one publication in a legally designated paper. The governing body shall consider and make recommendations on all proposed amendments, taking into account the testimony at the hearing; a site inspection of the property in question; the recommendations from the Health Department; or other official bodies; and the standards provided below.
   (C)   Time limit and notification. All proposed applications for amendments shall be decided by the governing body within 60 days of the public hearing.
   (D)   Procedure. Any amendment to this chapter shall be adopted as any other ordinance or change in ordinance.
   (E)   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:
         (a)   The proposed amendment shall be necessary because of substantially changed or changing conditions of the area and district affected, or in the town generally;
         (b)   The proposed amendment shall be consistent with the intent and purposes of this chapter;
         (c)   The proposed amendment shall not adversely affect any other part of this chapter, nor shall any direct or indirect adverse effects result from such amendment; and
         (d)   The proposed amendment shall be consistent with and not in conflict with the comprehensive plan of the town including any of its elements; the major road plan, land use plan, community facilities plan, and others.
      (2)   No new zoning district shall be created to contain an area of less than four acres. The four acres need not be under common ownership.
      (3)   Errors or oversights as may be found in the ordinance as originally adopted shall be corrected under the normal amendment procedure.
(Ord. 10.6, passed 3-17-2009)
§ 155.92 FEES.
   All fees for all permits or actions reference within this chapter shall follow the current fee schedule on file with the Hermosa Town Office.
(Ord. 10.6, passed 3-17-2009)
§ 155.93 CONFLICTS WITH OTHER LAWS.
   In the interpretation and application of the provisions of this chapter, these provisions shall be held to be the minimum requirements adopted for the promotion of the public health, morals, safety, and the general welfare. Whenever the requirements of this chapter are at variance with the requirements of other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
(Ord. 10.6, passed 3-17-2009)
§ 155.99 PENALTY.
   (A)   It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use any building or structure, or to use any land in violation of any regulation in this chapter. Any person, firm, association, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or resists, the enforcement of any of the provisions of this chapter shall upon conviction thereof, be subject to a fine as stated in current fee schedule together with the cost of action.
   (B)   Every day of violation shall constitute a separate offense.
   (C)   Fines shall not exceed one-quarter of the assessed value of the property.
   (D)   Compliance with this chapter may also be enforced by an injunction order at the suit of the petitioner or the owner or owners of real estate within the district affected by the regulations of this chapter.
   (E)   Any non-compliance will stop construction until corrected.
   (F)   All subjects not covered specifically by town ordinances must meet state specifications or uniform building codes, whichever is more stringent.
(Ord. 10.6, passed 3-17-2009)