Sparta City Zoning Code
BOARD OF
ADJUSTMENT
§ 156.135 CREATION.
(A) (1) A Zoning Board of Adjustment is hereby established.
(2) The Board shall consist of five members to be appointed by the Town Council for the overlapping terms of three years. Initial appointments shall be as follows: one member for a term of three years; two members for a term of two years; and two members for a term of one year. Thereafter, as the terms expire, all new appointments shall be for three-year terms.
(3) Nothing herein contained shall be interpreted as to forbid any member from being appointed to succeed himself or herself.
(4) Members shall serve without pay, but may be reimbursed for any expenses incurred while representing the Board of Adjustment.
(B) Vacancies occurring for any reason other than expiration of term shall be filled as soon as is reasonably possible after the vacancy occurs by the proper board making the appointment and the appointment shall only be for the period of the unexpired term. Members may be removed for cause by the appointing board upon written charges and after public hearing.
(C) (1) Two alternate members shall be appointed.
(2) They shall have no official functions unless they are needed to give the Board a quorum in the absence of official Board of Adjustment members.
(3) Alternate members shall have a term of three years.
(Ord. passed - -)
§ 156.136 PROCEEDINGS.
The Board of Adjustment shall elect a chairman and a vice-chairman from its members who shall serve for one year or until reelected or until their successors are elected. The Board shall appoint a secretary who may be a municipal officer, and employee of the county, or a member of the Planning and Zoning Board. The Board shall adopt rules and bylaws in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the Board shall be open to the public.
(Ord. passed - -)
§ 156.137 DECISIONS.
The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation of this chapter. On all appeals, applications, and other matters brought before the Board of Adjustment, the Board shall inform in writing all the parties involved of its decisions and the reasons therefore.
(Ord. passed - -)
§ 156.138 APPEALS; HEARING AND NOTICE.
(A) An appeal to the Board may be taken by any person, firm, or corporation aggrieved, or by any town officer, department, board or agency affected by any decision of the Zoning Enforcement Officer or other town official based in whole or in part upon the provisions of this subchapter. Such appeal shall be taken within such time as shall be prescribed by the Board by general rule by filing with the Zoning Enforcement Officer a notice of appeal and specifying the grounds thereof. The Zoning Enforcement Officer shall forthwith transmit to the Board all the papers constituting a record upon which the action appealed from was taken.
(B) The Board of Adjustment shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give due notice thereof to the parties in interest, and decide the same within a reasonable time. Upon a hearing, any party may appeal in person, by agent, or by attorney.
(Ord. passed - -)
§ 156.139 STAY OF PROCEEDINGS.
An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Board of Adjustment after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning Enforcement Officer and on due cause shown.
(Ord. passed - -)
§ 156.140 POWERS AND DUTIES.
(A) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Enforcement Officer in the enforcement of this subchapter.
(B) Conditional uses; conditions governing applications. To grant, in particular cases and subject to appropriate conditions and safeguards, permits for conditional uses as authorized by this subchapter and set forth as conditional uses under the various use districts. The Board shall not grant a conditional use permit unless and until:
(1) A written application for a conditional use permit is submitted indicating the section of this subchapter under which the conditional use permit is sought;
(2) A public hearing is held. Notice of such public hearing shall be posted on the property for which the conditional use permit is sought and in a local newspaper at least fifteen days prior to the public hearing. This legal notice shall describe the request and appear at least once weekly for two consecutive weeks.
(3) The Board of Adjustment finds that, in the particular case in question, the use for which the conditional use permit is sough will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. In granting such a permit, the Board of Adjustment may designate such conditions in connection therewith as will conform to the requirements and spirit of this subchapter. If at any time after conditional use permit has been issued, the Board of Adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a conditional use permit, the permit shall be terminated and the operation of such a use discontinued. If a conditional use permit is terminated for any reason, it may be reinstated only after a public hearing is held.
(4) The Board of Adjustment shall determine a time limit for conditional use permits. Upon expiration of the time period, the holder of the conditional use permit must re-petition the Board for a new permit, which may or may not be granted based on conditions determined at the time of re-petition.
(C) Variances. To authorize upon appeal in specific cases such variances from the terms of this subchapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter would result in unnecessary hardship. A variance from the terms of this subchapter shall not be granted by the Board of Adjustment unless and until:
(1) A written application for a variance is submitted demonstrating:
(a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
(b) That a literal interpretation of the provisions of this subchapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this subchapter.
(c) That said circumstances do not result from the actions of the applicant.
(d) That granting the variance requested will not confer upon the applicant any special privileges that are denied by this subchapter to other lands, structures, or buildings in the same district.
(e) That no nonconforming use of neighboring land, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts will be considered grounds for the issuance of a variance.
(2) Notice of public hearing shall be given as set forth in § 156.141(B)(2). At the public hearing which is held, any party may appear in person, by agent, or by attorney.
(3) The Board of Adjustment shall make findings that the requirements of § 156.141 have been met for a variance.
(4) The Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum one that will make possible the reasonable use of the land, building, or structure.
(5) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this subchapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(6) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this subchapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this subchapter and punishable under § 156.142.
(7) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this subchapter.
(Ord. passed - - ; Ord. passed 8-27-2019)
§ 156.141 LEGAL PROVISIONS.
(A) Interpretation, purpose, and conflict. In interpreting and applying the provisions of this subchapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare.
(B) It is not intended by this subchapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that where this subchapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this subchapter shall govern, provided that nothing in this subchapter shall be construed to amend or repeal any other existing ordinance of the town.
(Ord. passed - -)
§ 156.142 REENACTMENT AND REPEAL OF EXISTING ZONING ORDINANCE.
This subchapter, in part, carries forward by reenactment some of the provisions of the Zoning Ordinance of The Town of Sparta adopted by the Town Board, September 4, 1964, as amended, and it is not the intention to repeal but rather to reenact and continue, in force, such existing provisions so that all rights and liabilities that have accrued hereunder are preserved and may be enforced. All provisions of the Zoning Ordinance of the Town of Sparta enacted in 1964, as amended, which are reenacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any Zoning Ordinance heretofore in effect, which are now pending in any of the courts of this State or of the United States, shall not be abated or abandoned by reason of the adoption of this subchapter but shall be prosecuted to their finality the same as if this subchapter had not been adopted; any and all violations of the existing Zoning Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this subchapter shall be construed as to abandon, abate, or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted.
(Ord. passed - -)