1960 Zoning Ordinance - Laserfiche WebLink

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Section 10 26 Board of Adjustment (c) The board shall keep records of its proceedings and a record of each official action taken, showing the vote of each member on such matter. The minutes shall be placed on file and be a public record. (3) Powers and Duties (a) Appeals. 1. Appeals may be taken to the board of adjustment by any person aggrieved, or by any officer, department or bureau affected by any decision Qr order of the zoning supervisor. Such appeal may represent that an error has been made in the interpreta- tion of the terms of the ordinance, or that imposition of ordinance provisions creates undue hardship. 2. .Appeals.shall be filed with.the zoning supervisor, who shall forthwith notify the chairman of the board of adjustment that such appeal has been taken and file with the board all the records in the matter. The chairman shall,, within a reasonable time, set a date for hearing such appeal and cause a notice thereof to be given to all par- ties in interest in accordance with the rules of the board. 3.. In deciding appeals the board may sustain or reverse the decision of the zoning supervisor or make such modifications or adjustments in the order as shall be in the public interest and result in substantial justice being done, but no such decision shall be contrary to the general intent of the ordinance. 4. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning supervisor shall certify to the board of adjustment that such stay will cause imminent peril to life or property, in which case such proceeding shall not be stayed otherwise than by a restaining order which may be granted by the board of adjustment or a court or record. (b) Special ExEhptions. During.periods of national or local emergency, or where unusual conditions or circumstances exist; the board of adjustment shall have the power to grant special exemptions from the terms of this ordinance as will not be contrary to the public interest of the general intent of this ordinance. A time limit may be fixed by the board for the period during which such special exemption may con- tinue in effect. Application for such special exemption may be made by any person affected to the zoning supervisor or directly -to the board of adjustment, but such board shall grant' such special exemption only7 after a'publi6.hearing--held in accord- _ ante with the procedure provided for hearing appeals. (c) When any construction shall have been authorized by the board of adjustment pursuant to the provisions gf this section, a permit for such construction shall be taken out within one year from the date of such authorization, otherwise such author- ization shall become null and void. 10.27 SEVERABILITY OF ORDINANCE PROVISIONS (1) Should.any section, clause, or provisions of this ordinance be declared by the courts to be invalid, the same shaol not affect the validity -of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. 10.28 REPEAL OF CONFLICTING PROVISIONS (1) All ordinances or parts of ordinances in conflict with'the provisions of this ordinance are hereby repealed. 10.29 EFFECTIVE DATE (1) This ordinance shall be in full force and effect upon passage and publication. Adopted May 18, 1950 Published May 23, 1950 Revised to include all amendments adopted through January, 1960. i- -84-