Board of Adjustments Member

Variance Code

3-4-6   Board of Adjustment Created.

            (1).            Establishment

            A Board of Adjustment is hereby created which shall consist of five members appointed by the Town Board of Trustees, each to be appointed for a three-year term. One member of the Board of Adjustment shall also be a member of the Planning Commission.  One other member of the Board of Adjustment may also serve on the Planning Commission.  The Town Board shall also appoint two             alternate members who will sit on the Board of Adjustment in the absence of one or

more regular members.

            (2).            Duties and Powers

            The Board of Adjustment shall be empowered and required to:

            (a)        Meet at the request of the chairperson, by petition of at least three of the members, by request of the designated official or order of the Town Board of Trustees.

            (b)            Permit the public to attend and to be heard at all of its meetings.

            (c)            Make decisions on the formal granting of adjustments, variances or exceptions to requirements of this zoning Ordinance, and any other duties imposed by the Town Board. 

            (d)            Publish or cause to be published, a notice of a hearing in a local newspaper of general circulation. A hearing is to be conducted for every adjustment, variance or exception applied for under this Ordinance. Ordinance 91, 8-14- 2001            

            (e)            Notify the applicant, owner involved, the designated official, the Town Board of Trustees and the Planning Commission in writing of all decisions made, resolutions passed, hearings scheduled, or recommendations made.

            (f)            Interpret this Ordinance including any uncertainty as to boundary location or meaning of words, so long as this interpretation is not contrary to the purpose and intent of this Ordinance.

            (g)            Act only upon applications which state, in writing and accompanied by sufficient maps, diagrams and notations, what provision of this Ordinance is involved, what relief is being sought, and the grounds upon which such application is made.

            (h)            Hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of any item under this Ordinance.

            (i)            Act only upon matters, which are not the granting of a use for a parcel of land or structure.

            (j)         Act only when there is a quorum of the appointed members, including alternate

members. Ordinance 191, 8-14-2001

                        (3).      Decisions

            The Board of Adjustment will study applications, hear evidence and testimony and make final decisions based on such information and can be appealed only to district court.  Such appeal may be taken by any interested party, or by an official,             department, Planning Commission or Town Board of Trustees in accordance with state law.

            (4)             Vote Necessary

            The concurring vote of three (3) members of the Board of Adjustment will be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant any matter upon  which it is required to pass under this Ordinance or to effect any variation in this  Ordinance. Ordinance 191  8-14-2001 

            (5)            Administrative Review 

            To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative officials in the enforcement of this Ordinance and may revise, affirm or modify any administrative action relative thereto.  The concurring vote of three (3) members of

            the Board of Adjustment is necessary to reverse any order, requirement, decision or

determination of any such administrative official or to decide in favor of the applicant any matter upon which it is required to pass under this Ordinance or effect any variation of this Ordinance.  Ordinance 191  8-14-2001

3-4-7   Responsibilities of Board of Adjustment

            The Board of Adjustment shall hear all applications for variances and appeals

presented to it for review, hold a public hearing and take appropriate action.

3-4-8   Board of Adjustment Action on Applications

            All applications, which require action by the Board of Adjustment, shall be processed using the following procedure:

(1)            Upon receipt of an application, the Board of Adjustment shall set a public hearing date, not less than 15 days nor more than 40 days from the receipt of the application.

(2)            Notice of time and place of a public hearing shall be given in such manner as may

            be directed by the Board of Adjustment. Notice of the public hearing shall be

            mailed by the applicant to the owners, as shown by the records of the County

            Assessor, of lots or land within the area being considered and within 100 feet,

            excluding public right-of-way, of the area of the proposed. Proof of mailing

            notices is required to be presented to staff and staff to keep with application. A

            hearing is held on the advertised date. All pertinent information is entered into the

            record, when the Board of Adjustment believes that all information needed to

            make a decision has been received the hearing is closed. Ordinance 191, 8-14- 

            2001.

Hearings may be continued.  If for any reason, testimony on any matter set for public hearing cannot be completed on the days set for such hearings,the chairperson may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing shall be continued and no further notice shall be required.

(3).            The Board of Adjustment shall announce its findings by formal resolution not more than ten (10) days following the conclusion of the final hearing on any application and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the Board of Adjustment, make the approval or denial of the application necessary to carry out the general purposes of this Ordinance.

Within seven (7) days from the date of such action, the Board of Adjustments shall notify the applicant by forwarding a copy of said resolution.

(4).            The decision of the Board of Adjustment shall be final and conclusive.

(5).            A summary of all pertinent testimony offered at public hearings in connection with an application filed and the names and addresses of persons testifying shall be recorded and made a part of the permanent files of the case.

3-4-9   Purpose of Variance

            The sole purpose of any variance shall be the modification of the specific  regulations of this Ordinance and shall be for the purpose of assuring that no property, because of unique circumstances applicable to it, shall be deprived of any privileges commonly enjoyed by other properties in the same vicinity and zone. 

3-4-10   Required showing for variance

            Before any variance may be granted, it shall be shown:

(1).            That there are exceptional or extraordinary circumstance or conditions applicable to the property.

(2).            That such a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question.

(3).            That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity.

3-4-11 Variance may include conditions

            Variances may be granted upon such conditions and limitations and for such periods of time as the Board of Adjustment shall deem to be reasonable and  necessary or advisable under the circumstances so that the objective of this Ordinance shall be achieved.

3-4-12 Petitioners statement of justification

            Each application for a variance shall be accompanied by a written statement of facts by the petitioner, showing why, in the opinion of the petitioner, the granting of said variance is necessary. 

3-4-13 Voiding of Variance

            Each variance recommended and granted under the provision of this Ordinance shall become null and void unless:

(1).            The construction or use of said variance shall have been commenced within six (6) months after the granting of said variance and pursued diligently to completion.

(2).            All conditions under which said variance was granted are complied with in their entirety.

3-4-14 Reapplication for a Variance

            No reapplication for a variance, which has been denied, shall be filed earlier than six (6) months after the date of such denial unless special authority to do so has been granted by the Planning Commission or by the Town Board of Trustees. Any reapplication shall be considered a new request.