1990 - 06-18-90 Regular Meeting - Laserfiche WebLink

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«oos 13 rs< <31 Section 7. Disposition of Appeals. The final disposition of each appeal shall be by recorded resolution indicating the reasons of the Board, therefore, based on findings of fact and conclusions of law, all of which shall be a public record. Section 8. Appeals from Decisions of the Zoning Administrator. An appeal from the decisions of the Zoning Administrator may be taken to the Board by any persons aggrieved, or by any officer, department, board, or bureau of the county affected by such decision. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Section 9. Appeal Stays All Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board after the notice of appeal shall have been filed with him by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or pro- perty, or because the violation charged is transitory in nature and a stay would interfere with enforcement of the ordinance. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a Court of Record on application, on notice to the Zoning Administrator and on due cause shown. Section 10. Powers of the Board of Adjustment. The Board shall have the following powers. (a) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the Zoning Administrator: The concurring vote of four-fifths (415's) of the mem- bers of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, to decide in favor of the applicant any matter which it is required to pass under the Zoning Ordinance, or to effect any variation in the ordinance. (b) To authorize variances: To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in undue hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. In considering all proposed variances to this ordinance, the Board shall, before making any finding in a specific case, first determine that the proposed variance will not allow the establishment of a use not other- 64