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February Zoning Ordinance
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February Zoning Ordinance
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11/21/2022 11:31:42 AM
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111.'26 Doti(' County Code 2a-48 • <br /> (a) Appeal~ to the board. Appeals to the to the terms of the ordinance upon which <br /> board of adjustment may be taken by any -• such board is required to pass under such <br /> person aggrieved or by any officer, - ordinance. <br /> department, board or bureau of the • <br /> . municipality affected by any decision of the (c) To authorize upon appeal in specific <br /> zoning administer or other administrative cases such variance from the terms of the <br /> officer. Such appeal shall be taken within a ordinance as will not be contrary to the <br /> reasonable time, as provided by the rules of public interest, where, owing to special <br /> the board, by filing with the officer from conditions, a literal enforcement of the <br /> whom the appeal is taken and with the . provisions of the ordinance will result in <br /> • hoard of adjustment a notice of appeal unnecessary hardship, and so that the spirit . <br /> specifying the grounds thereof. The officer of the ordinance shall be observed and <br /> from whom the appeal is taken shall substantial justice done. <br /> forthwith transmit to the board all the <br /> papers constituting the record upon which (7) Order on appeal. In exercising the <br /> the acton appealed from was taken. above-mentioned powers such board may, <br /> in conformity with the provisions of this <br /> (4) Stalls. An appeal shall stay all .section, reverse or affirm, wholly or partly, <br /> proceedings in furtherance of the action or may modify the order, requirement, <br /> appealed from, unless the officer from decision or determination appealed from, <br /> whom the appeal is taken shall certify to the and may make such order, requirement, <br /> • board of adjustment after the notice of decision or determination as ought to be <br /> appeal shall have been filed with him that made, and to that end shall have all the <br /> by reason of facts stated in the certificate a powers of the officer from whom the appeal <br /> stay would cause imminent peril to life or. is taken. . <br /> property. In such case proceedings shall not • <br /> b <br /> • <br /> e stayed otherwise than by a restraining • <br /> order, which may be granted by the board of (8)Majority rule.The concurring vote of a <br /> adjustment or by a court of record on majority of the board shall be necessary to <br /> application on notice to the officer from reverse any order, requirement, decision or <br /> whom the appeal is taken and on due cause determination of such administrative <br /> official,or to decide in favor of the applicant <br /> -- shown. on any matter upon which it is required to <br /> (5) Hearing appeals. The Board of pass under any such ordinance, or to effect <br /> Adjustment shall fix a reasonable time for any variation in such ordinance. <br /> the hearing of the appeal and publish a <br /> Class 2 notice thereof under Ch. 985,as well (9)Expiration of authorization.When any <br /> as give due notice to the parties in interest, construction shall have been authorized by <br /> and decide the same within a reasonable • the board of adjustment pursuant to the <br /> time. Upon the hearing any party may provisions of this section, a permit for such <br /> appeal in person or by agent or attorney. construction shall be taken out within one • <br /> year from the date of such authorization, <br /> (6) Powers of the board of adjustment. The otherwise such authorization shall become <br /> Board of Adjustment shall ' have the null and void; provided, that the board of <br /> following powers: adjustment, upon request may extend such . <br /> - authorization for a specific period without <br /> (a) To hear and decide appeals where it is the necessity of another public hearing. <br /> alleged there is error in any iorder, • ... _ .. <br /> requirement, decision} or determination (10) Effect of the denial of an appeal by the <br /> made by an administrative official. in the board of.adjustment. An appeal that has <br /> enforcemen of section 59.97, 59.971, 87.30 been denied by the board of adjustment <br /> or of any ordinance adopted pursuant • shall not be resubmitted for a period of one <br /> • hereto. year from the date of denial, except on the <br /> grounds of new evidence or proof of change <br /> (h) To hear and decide special exceptions of conditions found to be valid by the board. • <br /> • <br /> Stipp N I. I 'NI - <br />
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