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§ 153.095  ZONING PERMITS.
   (A)   No land within the zoning jurisdiction of the town shall be used or occupied and no structure within the zoning jurisdiction of the town shall be erected, moved, extended or enlarged, nor shall any excavation or filling of any lot for the construction of any building be commenced until a zoning permit shall have been issued by the Zoning Enforcement.
   (B)   Each application to the Zoning Enforcement Officer for a zoning permit shall be accompanied by the following information:
      (1)   The actual dimensions of the lot to be built upon;
      (2)   The size of the building to be erected and its location on the lot;
      (3)   The location of any existing structures on the lot;
      (4)   The number of dwelling units the building is designed to accommodate, if any;
      (5)   The  dimensions  and  location  of  off-street parking facilities;
      (6)   The use of said land or structures; and
      (7)   Any other information the Zoning Enforcement Officer may require which will aid in determining conformance with this chapter.
   (C)   Upon certification that the intended use of the land is in conformity with provisions of this chapter, the Zoning Enforcement Officer shall issue a buildingzoning permit upon the payment of a fee to be computed as follows.
      (1)   A minimum fee of $5 shall be charged for all permits. The minimum fee shall apply to all permits up to $5,000.
      (2)   For all permits in excess of $5,000, the fee shall be $1 per 1,000 to the nearest thousand.
   (D)   A record of all zoning permits shall be kept on file in the office of the Zoning Enforcement Officer.
   (E)   Any zoning permit issued shall become invalid if the work authorized by it has not been commenced within six months of the date of issuance or if the work authorized by it is suspended or abandoned for a period of one year.
   (F)   (1)   No land or building shall be used or occupied until a certificate of occupancy has been issued by the Zoning Enforcement Officer, stating that the building or proposed use complies with the provisions of this chapter. A certificate of occupancy, either for the whole or a part of a building, shall be applied for before such structure is occupied. It shall be issued within ten days after the erection or alteration of such building or part, shall have been completed in conformity with the provisions of this chapter.
      (2)   No previously unoccupied structure shall be occupied until the certificate of occupancy is issued.
   (G)   If the zoning permit or occupancy certificate is denied by the Zoning Enforcement Officer because of nonconformity with the provisions of this chapter, the applicant may appeal the action of the Zoning Enforcement Officer to the Board of Adjustment.
(1993 Code, § 91.090)  (Ord. passed 4-6-1981)
§ 153.096  ZONING ENFORCEMENT OFFICER.
   The Town Administrator shall be the Zoning Enforcement Officer and is authorized to administer and enforce the provisions of this chapter. If the  Zoning Enforcement Officer finds that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.  He or she shall also take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(1993 Code, § 91.091)  (Ord. passed 4-6-1981)
§ 153.097  BOARD OF ADJUSTMENT.
   A Board of Adjustment is hereby established.  The word BOARD when used in this section shall be construed to mean the Board of Adjustment. The Planning Board is designated as a planning agency for the town.  The Board of Adjustment shall be the Planning Board of the town sitting in separate session.  Terms of office will be consistent with that of the Planning Board.
   (A)   All meetings of the Board of Adjustment shall be held at a regular place and shall be open to the public. The Board shall keep minutes of its proceedings in a book maintained for that purpose only showing the vote of each member upon each question or if absent or failing to vote, an indication of such fact; and final disposition of appeals shall be by recorded resolution indicating the reasons of the Board therefor, all of which shall be a public record. No final action shall be taken on any matter unless a quorum is present.
   (B)   An appeal from the decision of the Zoning Enforcement Officer may be taken to the Board of Adjustment by any person aggrieved or any officer, department, board or bureau of the town affected by such decision. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof.  The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.  An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Board after the notice of appeal shall have been filed with him or her by reasons of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Board or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown.
   (C)   The Board of Adjustment shall have the following powers:
      (1)   To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Enforcement Officer.  The concurring vote of four members of the Board shall be necessary to reverse any order,  requirement, decision or determination of the Zoning Enforcement Officer to decide in favor of the applicant any matter in which it is required to pass under the zoning ordinance or to effect any variation in such ordinance;
      (2)   To permit a temporary building for business in the residential zone, which is incidental to the residential development, such permit to be issued for a period of not more than one year; and
      (3)   To authorize, upon appeal, in specific cases variance 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 result in undue hardship and so that the spirit of this chapter, shall be observed and substantial justice done. In considering all proposed variations to this chapter the Board shall, before making any finding in a specified case, first determine that the proposed variation will not constitute any change in the zones  shown on the zoning map and will not impair an adequate supply of light and air to adjacent property or materially increase the public danger of fire and safety or materially diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, morals and general welfare.
         (a)   In granting a variance, the Board may attach hereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purposes of this chapter.
         (b)   Before a variance is granted it shall be known that special circumstances are attached to the property which do not generally apply to other property in the neighborhood. A variance may be granted only when the practical difficulty or undue hardship complained of is due to the particular characteristics of the property and not to the general conditions of the neighborhood which may reflect an undue stringency of the ordinance itself.  A hardship peculiar to the applicant, as distinguished from others affected by the general rule, must be shown. The fact that property may be utilized more profitably will not be considered adequate to justify the Board in granting a variance.
   (D)   All decisions of the Board of Adjustment shall be filed in the Office of the Board of Commissioners and a copy of said decision shall be mailed registered mail, return receipt requested, to each person or property owner who is affected by the decision.
   (E)   Any person or persons, jointly or severally, aggrieved by any decision of the Board or any taxpayer or any officer, department, board or bureau of the town may within 30 days after the filing of the decision in the office of the Board, but not thereafter, present to a court of competent jurisdiction a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such decision of said Board shall be subject to review as provided by law.
(Ord. passed 4-6-1981; Ord. passed 9-5-1989)
§ 153.098  PLANNING BOARD.
   (A)   A Planning Board is hereby established.  It shall consist of five members, four of which shall be appointed by the Board of Commissioners for a term of three years each and one of which shall be appointed by the County Board of Commissioners for a term of three years.  The terms of all current members of the Planning Board shall expire on December 31, 1993.  The members appointed by the Board of Commissioners shall at all times of their service reside within the town limits; the members appointed by the County Commissioners shall at all times of their service reside in the area zoned outside the town limits.  All members shall serve until their replacement is appointed and takes office.  All appointments to fill vacancies shall be for the unexpired term.  The members of the Planning Board shall receive no compensation for their services.
   (B)   All meetings of the Planning Board shall be held at a regular place and shall be open to the public.  The Planning Board shall keep minutes of its proceedings in a book maintained for that purpose only showing the vote of each member upon each question or if absent or failing to vote, an indication of such fact; and final disposition of appeals shall be by recorded resolution indicating the reasons of the Planning Board therefor, all of which shall be a public record.  No final action shall be taken on any matter unless a quorum be present.
   (C)   The Planning Board shall have the following powers:
      (1)   To make recommendations on all amendments to this chapter, whether proposed by the Board of Commissioners or by petition.  Anytime an amendment is proposed, the Planning Board shall have 30 days within which to submit its recommendations.  Failure of the Planning Board to submit its recommendations within this time period shall constitute a favorable recommendation.  The Planning Board’s report shall be submitted in writing to the Clerk and in the case of amendments by petition, to the petitioner or petitioners; and
      (2)   To make recommendations to the Board of Commissioners on all subdivision proposals.
   (D)   In arriving at the final recommendation, the Planning Board shall work with the developer and all concerned agencies in arriving at an acceptable subdivision or amendment.  The Planning Board shall determine whether or not the proposed subdivision conforms to all requirements of this chapter and shall not recommend approval until the subdivision does comply.  The Planning Board shall discuss with the developer any changes deemed advisable and the kind and extent of improvements to be made by him or her.
(1993 Code, § 91.093)  (Ord. passed 4-6-1981)
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