Country Club City Zoning Code
ARTICLE VI
Board of Adjustment and Variance Procedure
Section 405.300 Board of Adjustment and Variance Procedure.
[Ord. No. 336 Art. 21, 12-14-1999]
A.
General. The Board of Adjustment is primarily a quasi-judicial body rather than an advisory or legislative one. Its role in zoning administration is specifically limited to two (2) types of tasks:
1.
The appeal of an administrative decision or interpretation.
2.
The granting of variances for cases of hardship.
In the first (1st) case, the responsibility of the Board of Adjustment is to rule on the interpretation of the zoning regulations whenever there is an ambiguous provision or an alleged error. Variances are granted for unusual physical constraints and the role of the Board of Adjustment is to determine if a variance should be granted in a manner which is consistent with the intent of the Zoning Ordinance and fair to the applicants. The Board of Adjustment is not involved in administering the subdivision regulations. |
B.
Establishment, Composition And Operation Of Board Of Adjustment.
1.
A Board of Adjustment is hereby established. The Board of Adjustment shall consist of seven (7) members, who shall be residents of the municipality, all of whom shall be appointed by the Chairman of the Board of Trustees. Members shall serve until resignation or removed by cause by the Chairman of the Board of Trustees upon written charges and after public hearing.
[Ord. No. 405.300, 1-11-2005]
2.
The Chairman of the Board of Trustees shall submit a replacement to the Board of Trustees for their approval on any vacancies that occur.
C.
Election And Term Of Officers, Promulgation Of Rules And Regulations. The Board of Adjustment shall elect its own Chairman and Vice Chairman. The Board of Adjustment shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of these regulations.
D.
Meetings And Records. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment 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 in the office of the Board of Adjustment and shall be a public record.
E.
Procedure. The following is the procedure to be followed for a variance.
1.
An application for a variance, signed by the applicant, shall be addressed to the Board of Adjustment and presented to the Administrative Officer.
2.
A fee of fifty dollars ($50.00) shall be paid to the Village for each application to cover costs of advertising and administrative costs. The application shall contain or be accompanied by such legal descriptions, maps and plans and other information so as to completely describe the proposed use and existing conditions.
3.
The Administrative Officer shall review the application and determine that sufficient data is contained to adequately describe the situation to the Board of Adjustment. If the data is not adequate, the Administrative Officer shall return the application to the applicant for additional information. Completed applications shall be forwarded to the Board of Adjustment.
4.
A notice shall be filed in the official newspaper stating the date, place, time and purpose of the public hearing. The Village Clerk shall be responsible for submitting the information to the newspaper. A notice shall also be posted by the Village Clerk at the Village office.