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1/1979-11/1979 Zoning Ordinance
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1/1979-11/1979 Zoning Ordinance
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(c) The board shall keep records of its proceedings and a record of each official <br /> action taken, showing the vote of each member on such matter. The minutes shall <br /> be placed on file and be a public record. <br /> (3) POWERS AND DUTIES <br /> (a) APPEALS <br /> 1. Appeals may be taken to the Board of Adjustment by any person aggrieved, or by <br /> any officer, department or bureau affected by any decision or order of the <br /> Zoning Administrator. Such appeal may represent that an error has been made <br /> in the interpretation of the terms of the ordinance, or that imposition of ordi- <br /> nance provisions creates undue hardship. <br /> 2. Appeals shall be filed with the Zoning Administrator, who shall forthwith notify <br /> the chairman of the Board of Adjustment that such appeal has been taken and file <br /> with the board all records in the matter. The chairman shall, within a reason- <br /> able time, set a date for hearing such appeal and cause a notice thereof to be- <br /> 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 <br /> Zoning Administrator or make such modification or adjustment in the order as <br /> shall be in the public interest and result in substantial justice being done, <br /> 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 <br /> unless the Zoning Administrator shall certify to the Board of Adjustment that <br /> such stay will cause imminent peril to life or property, in which case such <br /> proceedings shall not be stayed otherwise than by a restraining order which may <br /> be granted by the Board of Adjustment or a court of record. <br /> 5. EFFECT OF THE DENIAL OF AN APPEAL BY THE BOARD OF ADJUSTMENT. <br /> An appeal that has been denied by the Board of Adjustment shall not be re-sub- <br /> mitted for a period of one year from the date of denial, except on the grounds <br /> of new evidence or proof of change of conditions found to be valid by the Board. <br /> (b) Special exceptions: During periods of national or local emergency, or where un- <br /> usual conditions or circumstances exist, the Board of Adjustment shall have,the <br /> power to grant special exceptions from the terms of this ordinance as will not <br /> be contrary to the public interest or the general intent of this ordinance. A <br /> time limit may be fixed by the Board for the period during which such special <br /> exception may continue in effect. Application for such special exception may be <br /> made by any person affected to the Zoning Administrator or directly to the Board <br /> of Adjustment, but such Board shall grant such special exception only after a <br /> public 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 pur- <br /> suant to the provisions of this section, a permit for such construction shall be <br /> taken out within one year from the date of such authorization, otherwise such <br /> authorization shall become null and void; provided, that the Board of Adjustment, <br /> upon request may extend such authorization for a specific period without the <br /> necessity of another public hearing. <br /> 10.27 SEVERABILITY OF ORDINANCE PROVISIONS <br /> (1) Should any section, clause or provisions of this ordinance be declared by the courts <br /> to be invalid, the same shall not affect the validity of the ordinance as a whole to <br /> any part thereof, other than the part so declared to be invalid. <br /> 10.28 REPEAL OF CONFLICTING PROVISIONS <br /> (1) All ordinances or parts of ordinances in conflict with the provisions of this ordi- <br /> nance are hereby repealed. <br /> 10.29 EFFECTIVE DATE <br /> (1) This ordinance shall be in full force and effect upon passage and publication. <br /> - 49 - <br />
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