Clarence City Zoning Code
SECTION 405
120 Zoning Inspectors.
[R.O. 1995 § 400.120; Ord. No. 431, 3-11-2002]
A.
Appointment Of Zoning Inspectors. That the Mayor with the approval of the Board of Adjustment shall appoint Zoning Inspectors under the terms of this Chapter to hold office until such time as they shall resign or unless sooner replaced by this Governing Body. These inspectors must be qualified in trades and be covered by liability insurance with limits as set by the Board of Adjustment.
B.
Powers And Duties Of Zoning Inspectors. To decide and make recommendations as Zoning Inspectors in the enforcement of this Chapter.
C.
Powers Of Zoning Inspectors Relative To Variations. When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the adoption of this Chapter, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the Zoning Inspector may recommend to the Board of Adjustment a variation from such strict application so as to relieve such difficulty or hardship.
D.
Powers Of Zoning Inspectors Relative To Variations. The Zoning Inspectors shall recommend to the Board of Adjustments to permit the following exceptions:
1.
To permit the extension of a district where the boundary line of a district divides a lot of record in a single ownership.
2.
To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, disaster or vandalism to the extent of less then fifty percent (50%) of its assessed value when the Zoning Inspectors find some compelling public necessity requiring a continuance of the non-conforming use, but in no case should such a permit be issued if its primary function is to continue a monopoly.
3.
To interpret the provisions of this Chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the City offices and made a part of this Chapter.
4.
To vary parking regulations wherever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience.
E.
Procedure To Appeal.
1.
Appeals to the Board of Adjustment on any matter over which the Zoning Inspectors are specifically granted jurisdiction may be taken by any person aggrieved. Such appeal should be taken within thirty (30) days of such decision by filing with the City Clerk and the Zoning Inspectors a notice of appeal specifying the grounds thereof. The Zoning Inspectors should forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from is taken.
2.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspectors certify to the Board of Adjustment after the notice of appeal has been filed with them that by reason of facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings should not be stayed otherwise than by proper legal action.
3.
The Board of Adjustment should fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation in Shelby County, as well as due notice to the parties of interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
4.
The party filing a notice of appeal to the Board of Adjustment shall pay at the time of filing a fee of thirty-five dollars ($35.00) toward the costs of the appeal and an additional fee of fifty dollars ($50.00) toward costs of publication of a public notice of the date of the hearing to be held on the appeal. The fees shall be paid to the City Clerk who shall give a receipt thereof; and a copy of the receipt shall be presented to the Board of Adjustment with the notice of the appeal as evidence that the fees required in the case have been paid. The fees collected by the City Clerk shall be paid to the credit of the General Revenue Fund of the City of Clarence.