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August Zoning Ordinance
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August Zoning Ordinance
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SECTION 10.26; 10.27; 10.28; 10.29 <br /> (a) The Board of Adjustment shall consist of three members, appointed by the chairman of the county board <br /> with the approval of the county board, each serving for a term of three (3) years beginning on July 1, with <br /> the term of one member expiring each year. Members shall reside within the areas of the county under the <br /> jurisdiction of this ordinance and no two members shall be from the same town. Compensation of members <br /> shall be the same as is allowed county board members for attendance at committee meetings. <br /> • <br /> (2) RULES, MEETINGS AND MINUTES <br /> (a) The board of adjustment shall adopt such rules as will carry into effect the provisions of this ordinance. <br /> (b) Meetings shall be held at the call of the chairman and at such other times as the board shall determine. <br /> The Chairman, or in his absence, the vice-chairman, may administer oaths and compel the attendance of wit- <br /> nesses. All meetings shall be open to the public. <br /> (c) The board shall keep records of its proceedings and a record of each official action taken, showing the <br /> vote of each member on such matter. The minutes shall be placed on file and be a public record. <br /> (3) POWERS AND DUTIES <br /> (a) Appeals <br /> • <br /> 1. Appeals may be taken to the Board of Adjustment by any person aggrieved, or by any officer, department <br /> or bureau affected by any decision or order of the zoning supervisor. Such appeal may represent that an <br /> error has been made in the interpretation of the terms of the ordinance, or that imposition of ordinance <br /> provisions creates undue hardship. <br /> 2. Appeals shall be filed with the zoning supervisor, who shall forthwith notify the chairman of the <br /> Board of Adjustment that such appeal has been taken and file with the board all records in the matter. <br /> The chairman shall, within a reasonable time, set a date for hearing such appeal and cause a notice there- <br /> of to be given to all parties in interest in accordance with the rules of the board. <br /> 3. In deciding appeals the board may sustain or reverse the decision of the zoning supervisor or make <br /> such modification or adjustment in the order as shall be in the public interest and result in substantial <br /> justice being done, but no such decision shall be contrary to the general intent of the ordinance. <br /> 4. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning <br /> supervisor shall certify to the Board of Adjustment that such stay will cause imminent peril to life or <br /> property, in which case such proceedings shall not be stayed otherwise than by a restraining order which <br /> may be granted by the Board of Adjustment or a court of record. <br /> (b) Special Exemptions. During periods of national or local emergency, or where unusual conditions-or <br /> circumstances exist, the Board of Adjustment shall have the power to grant special exemptions from the terms <br /> of this ordinance as will not be contrary to the public interest or the general intent of this ordinance. <br /> A-time limit may be fixed by the board for the period during which such special exemption may continue in <br /> effect. Application for such special exemption may be made by any person affected to the zoning supervisor <br /> or directly to the Board of Adjustment, but such board shall grant such special exemption only after a public <br /> hearing held in accordance with the procedure provided for hearing appeals. <br /> (c) When any construction shall have been authorized by the Board of Adjustment pursuant to the provisions <br /> of this section, a permit for such construction shall be taken out within one year from the date of such <br /> authorization, otherwise such authorization shall become null and void; provided, that the Board of Adjust- <br /> ment, upon request, may extend such authorization for a specific period without the necessity of another <br /> public hearing. <br /> 110.27 SEVERABILITY OF ORDINANCE PROVISIONS ' <br /> (1) Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same <br /> shall not affect the validity of the ordinance as a whole to any part thereof, other than the part so declared <br /> to be invalid. <br /> ' 10.28 REPEAL OF CONFLICTING PROVISIONS ' <br /> (1) All ordinances or part.n of ordin ncon In conflict with the provisions of this ordinance are hereby repealed. <br /> • <br /> ' 10.29 EFFECTIVE DATE ' <br /> (1) This ordinance shall be in full force and effect upon passage and publication. <br /> Adopted May 18, 1950 <br /> Published May 23, 1950 - <br /> NOTE: Information concerning this ordinance may be obtained from the office of the Zoning Supervisor, Room 3111, <br /> City-County Building. Because there are amendments and changes practically every month some of the information <br /> in this book may be out of date at a given time. We therefore suggest that information be secured from the <br /> office as to a specfic application. <br /> - 27 - <br />
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