SECTION 901 ESTABLISHMENT AND
PROCEDURE: A Board of Adjustment is
hereby created and shall be known as the Red Willow County Board of
Adjustment. The Board of Adjustment
shall be appointed by the Board of Commissioners and shall consist of five (5)
members, plus one (1) additional member designated as an alternate member who
shall attend meetings and serve only when one of the regular members is unable
to attend for any reason. One (1)
member of the Board of Adjustment shall be appointed from the membership of the
Red Willow County Planning Commission by the Board of Commissioners and the
loss of membership on the Planning Commission shall also result in the
immediate loss of membership on the Board of Adjustment and the appointment of
another Planning Commission member to the Board of Adjustment by the Board of
Commissioners. No member of the Board
of Commissioners shall be a member of the Board of Adjustment.
SECTION 902 TERMS OF
OFFICE: The members appointed to the
Board of Adjustment shall be appointed for a term of three (3) years and be
removable for cause by the Board of Commissioners upon written charges and
after public hearing to consider and decide on such charges. Vacancies shall be filled by appointment for
the unexpired terms of member whose term becomes vacant.
SECTION 903 ELECTION OF
OFFICERS: The Board of Adjustment
shall annually elect one (1) of its members as Chairperson and another as Vice
Chairperson, who shall act as
Chairperson in the elected Chairperson’s absence. Each member shall serve until a successor has been selected.
SECTION 904 SECRETARY OF THE
BOARD OF ADJUSTMENT: The Board of Adjustment
shall annually elect one (1) of its members as Secretary / Treasurer or shall
appoint the Zoning Administrator to serve as Secretary / Treasurer to the Board
of Adjustment.
SECTION 905 RECORDS OF THE
BOARD OF ADJUSTMENT: The Board of Adjustment
shall adopt bylaws and rules of procedure in accordance with the provisions of
this Resolution necessary to conduct its affairs. Meetings of the Board of Adjustment shall be held at the call of
the Chairperson and at such other times as a majority of the Board shall
determine. The Chairperson, or in his /
her absence, the Vice Chairperson may administer oaths and compel attendance of
witnesses. All meetings of the Board of
Adjustment shall be open to the public.
The Board shall keep written minutes of its proceedings, indicating
evidence presented, findings of fact made by the Board, decisions of the Board,
the attendance of members, and the vote of each member upon each question. Records of all actions of the Board shall be
kept in the office of the County Clerk and shall be open to public inspection.
SECTION 906 QUORUM AND
VOTING: A quorum for the Board of
Adjustment shall be three (3) members.
Action by the Board on any question other than an appeal from the
decision of the Zoning Administrator or a variance application shall require a
concurring vote of three (3) members of the Board. Action by the Board on an appeal to overturn a decision of the
Zoning Administrator or for approval or denial of a variance application shall
require the concurring vote of four (4) members.
SECTION 907 POWERS AND
DUTIES: The Board of Adjustment
shall have the following powers and ONLY the following powers:
907.01 Administrative Review: To hear and decide appeals where it is alleged by the appellant
that there is an error in order, requirement,
decision or refusal made by the Zoning Administrator or official based on or
made in the enforcement of this Resolution or any regulation relating to the
location of structures.
907.02 Zoning Map Interpretation: To hear and decide, in accordance with the provisions of this
Resolution, requests for
interpretation of Official Zoning Map of the County.
907.03 Variances: To hear applications for and authorize, in specific cases, a
variance from the
specific terms of this Resolution which will not be
contrary to the public interest and where, owing to special conditions, a literal
enforcement of the provisions of this Resolution would result in unnecessary
hardship, and provided that the spirit of this Resolution shall be observed,
public safety and welfare secured and substantial justice done. A variance shall not be granted by the Board
of Adjustment unless and until the Board shall have made written findings that
all of the following conditions exist or have been met:
1.
Where
by reason of exceptional narrowness, shallowness or shape of a specific piece
of property at the time of adoption of this Resolution, or by reason of
exceptional topographic conditions or other extraordinary and exceptional
situation or condition of such piece of property, the strict application of particular requirements of this
Resolution would result in peculiar and exceptional practical difficulties
to, or exceptional and undue hardship
on the owner of such property, the
Board of Adjustment, upon an appeal
relating to such property, shall have the power to authorize a variance from
such strict application so as to relieve such difficulties or hardship, if such relief may be granted without
substantial detriment to the public good and without substantially impairing
the intent and purpose of this Resolution,
but no variance shall be authorized by the Board of Adjustment unless
the Board finds that:
A.
The
strict application of the regulations would produce undue hardship;
B.
Such
hardship is not shared generally by other properties in the same zoning
district and the same vicinity;
C.
The
authorization of such variance shall not be of substantial detriment to
adjacent properties and the character of the district will not be changed by
the granting of such variance;
D.
The
granting of such variance is based upon reasons of demonstrable and exceptional
hardship as distinguished from variations for purposes of the owner’s
convenience, profit or caprice.
2.
No
variance shall be authorized unless the Board finds that the condition or
situation of the property concerned or the intended use of the property is not
of so general or recurring nature as to make reasonably practical the
formulation of a general regulation to be adopted as an amendment to this
Resolution.
907.04 Requirement for Written
Application and Conditions: A variance from the terms of
this
Resolution shall not be granted by the Board of
Adjustment unless and until a written application for a variance is submitted
to the Zoning Administrator on an application form prescribed by the Board of
Adjustment and payment of an applicable fee and such application shall
demonstrate that special conditions and circumstances exist which are peculiar
to the land, building or structure
involved and that said special conditions and circumstances are not applicable
to other lands, building, or structures
in the same zoning district and vicinity,
that the literal enforcement of the provisions of this Resolution would
deprive the applicant, and that
granting of the variance requested will not confer on the applicant any special
privilege that is denied by this Resolution to other lands, buildings or structures in the same zoning
district and vicinity.
907.05 Effect of Non-Conformance: Non-conformance use of lands, buildings or structures in
the same zoning district and vicinity and permitted
or non-conforming use of lands, buildings or structures in other zoning
districts shall not be considered grounds for a determination that the applicant would be deprived of rights
enjoyed by other properties and shall not be grounds for granting a variance.
907.06 Findings of the Board of
Adjustment on Variances: Prior to taking any action to
authorize or deny a variance application, the Board of Adjustment shall:
1.
Make
a finding that the application for a variance is complete and in compliance
with the requirements of this Resolution.
Such finding shall be recorded in the minutes of the Board;
2.
Make
findings that the particular reasons set forth in the application for a
variance justify the granting of the variance in accordance with the
limitations for granting such variance as described in Section 907.03 of this
Resolution and that the variance is the minimum variance that will make
possible the reasonable use of the land, building or structures involved and
such findings shall be recorded in the minutes of the Board;
3.
Make
a finding that the granting of the variance will be in harmony with the purpose
and intent of the Resolution and will not be injurious to adjacent lands or
otherwise detrimental to the public welfare.
Such finding shall be recorded in the minutes of the Board.
907.08 Conditions of Approval
Imposed: In authorizing any variance, the Board of
Adjustment
may prescribe appropriate conditions and safeguards
in conformity with this Resolution to assure continued acceptability of
variance. Violations of such conditions
or safeguards when made part of written terms under which the variance is
authorized shall be deemed a violation of this Resolution and punishable as set
forth in Section 1202 of this Resolution and any other applicable laws. In addition, the Board of Adjustment shall
attach a condition to any variance authorized by the Board that such
authorization shall be acted upon by the applicant within one (1) year from the
date of authorization of such variance and that if such authorized variance has
not been acted upon by the applicant within this time limitation such
authorization shall automatically be revoked.
907.08 Use Variances: Under no circumstances shall the Board of Adjustment grant a
variance
to allow a use not permissible in the zoning district
involved or grant a variance for any use expressly or by implication prohibited
by terms of this Resolution in the zoning district involved.
SECTION 908 PUBLIC HEARINGS: Prior to acting on any powers granted to it under this
Resolution, the Board of Adjustment shall give public notice of a public
hearing. Such notice shall be published
in the legal newspaper of general circulation in the County one (1) time at
least ten (10) calendar days prior to such public hearing and such notice shall
fix the date, time, place and subject of the public hearing. In addition, a copy of such notice shall
also be given to the Chairperson of any municipal, county or any joint planning
commission, having jurisdiction over land within three (3) miles of the
property effected by the petition or in the absence of a planning
commission. In the absence of a
planning commission, such notice shall be given to the clerks of units of local
governments having jurisdiction over land within three (3) miles of the
property affected by such action. A
copy of such notice shall be mailed to the applicant and, in addition, a copy
of said notice shall be mailed by first class mail to all property owners of
record who own property adjacent to the property effected by such action at least
ten (10) days prior to the date of such public hearing. Any party may appear in person or be
represented by an agent or attorney at the public hearing and be heard.
SECTION 909 BOARD HAS POWERS
OF ADMINISTRATIVE OFFICIAL ON APPEALS: In exercising the above
mentioned powers, the Board of Adjustment may reverse or affirm, wholly or
partially, or modify the order, requirement, decision or determination as ought
to be made and to that end shall have all the powers of the administrative
official from whom the appeal is taken.
The concurring vote of four (4) members of the Board of Adjustment shall
be necessary to reverse any order, requirement, decision or determination of
any such administrative official, or to decide in favor of the applicant on any
matter upon which it is required to pass under this Resolution or to effect any
variance under this Resolution.
SECTION 910 APPEALS: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any officer, department, board or bureau of the County, may present to the district court for the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within fifteen (15) days after the filing of the decision in the office of the Board of Adjustment. Upon the filing of such a petition a summons shall be issued and be served upon the Board of Adjustment together with a copy of the petition, and return of service shall be made within four (4) days after the issuance of the summons. Within ten (10) days after the return day of the summons, the County Board shall file an answer to the petition which shall admit or deny the substantial averments of the petition and matters in dispute as disclosed by the petition. The answer shall be verified in like manner as required for the petition. At the expiration of the time for filing the answer, the court shall proceed to hear and determine the cause without delay and shall render judgment according to law. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Appeal to the district court shall not stay proceedings upon the decision appealed from, but the court may, upon application, on notice to the Board and on due cause shown, grant a restraining order. Any appeal from such judgment of the district court shall be prosecuted in accordance with the general laws of the State regulating appeals in actions at law.