ARTICLE 23:  BOARD OF ADJUSTMENT

 

 

Section 1.        Purpose.

 

A Board of Adjustment is here by created in accordance with State Statutes governing such creation.  The Board shall be an appeals body and may decide in any matter appropriately brought before it.

 

Section 2.        Appointment

 

The Stanton County Board of Commissioners shall appoint a Board of Adjustment which shall consist of five members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term of three years and be removable for cause by the appointing authority upon written charges and after public hearing.  No member of the Board of Adjustment shall be a member of the County Board of Commissioners.  Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.  One member only of the Board of Adjustment shall be appointed by the County Board from the membership of the County Planning Commission, and the loss of membership on the Commission by such member shall also result in his immediate loss of membership on the Board of Adjustment and the appointment of another Planning Commissioner to the Board of Adjustment.

 

Section 3.        Rules and Meetings. 

 

The Board of Adjustment shall adopt rules in accordance with the provisions of any resolution adopted pursuant to this act.  Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine.  Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.  All meetings of the Board shall be open to the public.  The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the County Clerk and shall be a public record.

 

An appeal to the Board of Adjustment may be taken by any person or persons aggrieved, or by any officer, department, board, or bureau of the County by any decision of an administrative officer or planning commission.  Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Board a notice of appeal specifying the grounds thereof.  The officer or agency from whom the appeal is taken shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

 

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time.  Any party may appear at the hearing in person, by agent, or by attorney.

 

Section 4.        Powers. 

 

The Board of adjustment shall, subject to such appropriate conditions and safeguards as may be established by the County Board of Commissioners, have only the following powers:

 

4.1             To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision, or refusal made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures;

 

4.2             To hear and decide, in accordance with the provisions of any regulation, requests for interpretation of any map, or for decisions upon other special questions upon which the board is authorized by such regulation to pass; and

 

4.3             Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the adoption of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any enacted regulation under this act would result in peculiar and exceptional practical difficulties to, or exceptional undue hardships upon the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantially impairing the intent and purpose of any zoning regulations, but no such variance shall be authorized unless the Board of Adjustment finds that:  (a) The strict application of the resolution 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 will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and (d) the granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.

 

4.4             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 concerned for the intended use of the property is not of so general or recurring a nature as to make reasonable formulation of a general regulation to be adopted as an amendment to the zoning regulations.

 

In exercising the above-mentioned powers, the Board may, in conformity with the provision of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as shall be proper, and to that end shall have the power of the officer or agency form whom the appeal is taken.  The concurring vote of four members of the Board 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 any such regulation or to effect any variation in such regulation.

 

Section 5.        Appeal of Board Decisions. 

 

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 days after the filing of the decision in the office of the Board of Adjustment.  Upon the filing of such 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 days after the issuance of the summons.  Within ten 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, if 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 conclusion 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 upon for review.  Appeal to the district court shall not stay proceedings upon the decision appealed from, but the court may, on 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.

 

 

 

ARTICLE 24:  AMENDMENT

 

 

This Zoning Regulation and Zoning Map, and the restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed by the County Board of Commissioners.  No such amendment, restriction or change of zoning shall become effective until after a public hearing and recommendation of the Planning Commission and a public hearing by the County Board of Commissioners.  Notice of the time and place of such hearings in the local newspaper of any county which has territory within three miles of the property affected by such action of the county board, one time at least ten days prior to such hearing.  Notice of the time and place of such hearing shall also be given in writing to the chairman of any municipal, county, or joint planning commission which has jurisdiction over land within three miles of the property affected by such action.  In the absence of a planning commission, such notice shall be given to the clerks of units of local government having jurisdiction over land within three miles of the property affected by such action.

 

In the case of a change of zoning request made by any party except the County, the joint planning commission shall give written notice by United States mail at least ten days prior to the planning commission hearing to those property owners within one thousand (1,000) feet of the property to be rezoned if said neighboring property is located in county zoning authority.  If said neighboring property is located within municipal zoning authority, notice shall be sent to property owners within three hundred (300) feet of the property to be rezoned.

 

In case of a protest against a change of zoning signed by the owners of twenty percent of more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred feet there from, or of those directly opposite thereto extending one hundred feet form the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of two-thirds majority of the county board.

 

In order to provide for orderly school planning and development and to protect prospective home owners, their children, and the taxpayer from ill-conceived and poorly planned development of real estate, a planning commission considering the adoption or amendment of a zoning regulation or approval of the platting or replatting of any development of real estate, shall notify the board of education of each school district in which the real estate, or some part thereof, to be affected by such a proposal lies, of the next regular meeting of the planning commission at which such proposal is to be considered and shall submit a copy of the proposal to the board of education at least ten days prior to such meeting.

 

 

 

ARTICLE 25:  VIOLATION AND PENALTY.

 

 

The erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of any building, structure, automobile trailer, or land in violation of these regulations shall be a misdemeanor.  Any person, partnership, limited liability company, association, club, or corporation violating any sections of these regulations, or erecting, construction, reconstructing, altering, or converting any structure without having first obtained a permit shall be guilty of a Class III misdemeanor.  Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense.

 

In addition to other remedies, the proper authorities of the county, as well as any owner or owners of real estate within the district affected by the regulations, may institute any appropriate action or proceedings to prevent such unlawful construction, erection, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, or to prevent the illegal act, conduct, business, or use in or about such premises.  Any taxpayer or taxpayers of the county may institute proceedings to compel specific performance by the proper official or officials of any duty imposed by these regulations.

 

 

Stanton County Zoning Regulations