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Hyde Park City Zoning Code

§ 108-33.4

Appellate jurisdiction.

The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Town. Any appeal taken by an aggrieved person shall be accompanied by the fee set forth in the fee schedule adopted by the Town Board.
A. 
Interpretation. The Zoning Board of Appeals, on appeal from a construction of the regulations of this chapter, taken by an enforcement official, shall have the power to interpret such regulations.
B. 
Use variance. The Zoning Board of Appeals, on appeal from the decision or determination of the Zoning Administrator, shall have the power to grant use variances for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
C. 
Area variance. The Zoning Board of Appeals, on appeal from a decision or determination of the Zoning Administrator, shall have the power to grant area variances for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
D. 
Relief from the provisions of other chapters of this Code, including Chapter 60, Flood Damage Prevention: appeals and variances.
[Amended 8-24-2009 by L.L. No. 2-2009]
E. 
The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the Zoning Administrator and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.