Whenever, in the course of the administration and the enforcement of this chapter, it is necessary or desirable to make any administrative decisions, the decisions of the administrative official shall be made so that the result will not be contrary to the spirit, purpose and intent of this chapter or injurious to the surrounding neighborhood or community character.

(Ord. No. 572, art. II, 7-16-96)

The mayor shall have the authority to appoint a land use administrator to enforce and administer the provisions of this chapter. This individual shall have the following duties:

(1)

To receive and review, or cause to have reviewed, applications for development approval;

(2)

To issue permits as authorized pursuant to the provisions of this chapter;

(3)

To perform such duties as required by this chapter or by the zoning commission or the board of zoning adjustment;

(4)

To maintain the official zoning district map;

(5)

To be responsible for the administration of this chapter and other development regulations as deemed appropriate by the mayor; and

(6)

To participate in the conduct of public hearings as required by this chapter to give due notice and to provide other information regarding applications under the administration of this chapter.

(Ord. No. 572, art. III, 7-16-96)

(a)

Application requirements. All applications for development approval, modification, amendment, zoning change, variance or special exception shall be submitted to the administrative officer and contain a site plan with the information and support data required on the form provided by the town including a survey.

(b)

Public hearing procedures. Upon review of a request for development approval, modification, amendment, zoning change, variance or special exception by the administrative official, and a determination that public hearing is necessary in the further process of the application, the administrative official shall arrange the request to be placed on the next regular scheduled meeting of the planning commission or board of zoning adjustment with the following information:

(1)

A statement as to the date, time and place of the public hearing;

(2)

The section or sections of this chapter authorizing the subject to be considered;

(3)

A brief description of the location and other geographic information affecting the development; and

(4)

A statement to the fact that the application and support information are available at the town hall for inspection and that any person may speak or submit a written statement in that regard.

(c)

Town to provide notice. The administrative official shall place a sign on the subject property and at the four corners of the block in which the property is located at least 15 days prior to the meeting or hearing. This sign shall be placed in a conspicuous place on the site and will be in full view from a public right-of-way. Additionally, notice of the public hearing shall be given in the official journal of the town within 15 days prior to the hearing.

(d)

Waiver or extension to time limits.

(1)

Any applicant who requests a continuance of a public hearing at which his application is being considered or who requests an extension of any time imposed by a provision of this chapter shall be deemed to have agreed to have an extension of that time limit.

(2)

Any time limit imposed by this chapter may be waived or extended by the zoning commission, board of zoning adjustment or the board of alderman.

(e)

Action by decision-making body. Except as otherwise provided in this chapter, the decision-making body that is rendering a decision on a development review shall render its decision either by the close of the public hearing on the matter, or by continuance at the next regular meeting as identified by the body.

(f)

Successive applications. Whenever any application for development approval is denied, an application involving the same property cannot be accepted for filing within one year from the date of denial, unless the subsequent application involves a development proposal which is materially different from the prior proposal or is directly responsive in the decision of the administrative official to the previous findings of the decision-making body.

(Ord. No. 572, art. IV, 7-16-96; Ord. No. 701, § 5, 5-4-10; Ord. No. 759, § 2, 4-5-16)

In order to ensure that all proposed development, including development permissible as a matter of right within the town, complies with the terms of this chapter and to further provide a mechanism for rendering interpretations of the provisions of this chapter, the administrative official of the town is hereby authorized to certify that a proposed development or application is in compliance with this chapter by the consequent issuance of a certificate of zoning compliance. This certificate shall be obtained from the administrative official upon completion of the application requirements identifying the location, character, magnitude and full intent of the proposed use.

(Ord. No. 572, art. IV, 7-16-96)

Any violation of any provision of this chapter shall be punishable by the penalties provided in section 1-8 of this Code of Ordinances.

(Ord. No. 701, § 1, 5-4-10)

(a)

The zoning commission of the town shall be composed of seven regular members with two alternate members recommended by the mayor and approved by the board of aldermen.

(b)

Alternate members shall serve only when called upon to form a quorum. When so called upon, they shall be bestowed with the same powers, privileges and duties of the regular members.

(c)

Each regular member of the zoning commission shall serve staggered terms ranging from two to four years. Alternate members will serve terms of four years running from the date of their appointments.

(d)

Vacancies shall be filled by the unexpired term of any member whose term becomes vacant within 60 days of the vacancy.

(e)

Each member shall be a qualified voter in the town and, to the greatest extent practicable, the membership of the zoning commission shall represent diverse economic, social, business and geographical backgrounds.

(f)

Any member of the zoning commission may be removed from office for cause by the mayor and board of aldermen upon written notice to the member of the charges and after a public hearing. Members, however, may resign at their discretion. Failure to attend any three out of five consecutive commission meetings shall constitute cause for removal.

(Ord. No. 572, art. III, 7-16-96; Ord. No. 617, § 1, 1-16-01)

At the first regular meeting of the zoning commission of each calendar year in January, the members of the commission shall elect one of their number as chairman and one of their number as vice-chairman.

(Ord. No. 572, art. III, 7-16-96)

The zoning commission shall have the following powers and duties:

(1)

To prepare and adopt a comprehensive zoning plan;

(2)

To annually review and update the comprehensive zoning plan and reprint the official zoning map including all amendments;

(3)

To prepare and revise as appropriate the official zoning map for the town;

(4)

To hear, review and make recommendations to the mayor and board of aldermen of any requested amendments to the text or zoning districts of this chapter, as well as recommending appropriate zoning district classifications to those properties considered for annexation into the town;

(5)

To hear, review and approve or disapprove applications for special permits; and

(6)

To review and report on any matter referred to it by the mayor or board of aldermen.

(Ord. No. 572, art. III, 7-16-96; Ord. No. 586, § 1, 10-21-97)

The zoning commission shall hold quarterly meetings with public notice being provided therefore. These regularly scheduled meetings shall be held on the Monday prior to the third Tuesday in the months of January, April, July, and October at 6:00 p.m. at Welsh City Hall. Special meetings may be called at the discretion of the chairman with notice being given. All meetings and hearings of the zoning commission shall be open to the public and shall be conducted in accordance with the procedures established in this chapter and Robert's Rules of Order, as appropriate.

(Ord. No. 572, art. III, 7-16-96; Ord. No. 634, § 1, 2-19-02; Ord. No. 699, 1-5-10)

No business shall be transacted by the zoning commission without a quorum, which shall consist of at least three members. The concurring vote of at least three members of the commission shall be necessary to take any official action.

(Ord. No. 572, art. III, 7-16-96)

The zoning commission shall cause to have a person present to maintain all records of the commission meetings and hearings and other proceedings of the commission. Notwithstanding any other appointment by the mayor, the town clerk, the administrative official or other designee of the mayor may serve in this capacity.

(Ord. No. 572, art. III, 7-16-96)

The board of zoning adjustment for the town shall consist of the town aldermen duly elected at that time.

(Ord. No. 572, art. III, 7-16-96)

The chairman of the board of zoning adjustment shall be the mayor.

(Ord. No. 572, art. III, 7-16-96)

The board of zoning adjustment shall have the following powers and duties:

(1)

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or action made by an official in the administration or enforcement of this chapter;

(2)

To hear, review and authorize requests for special exceptions or variances as provided for in this chapter; and

(3)

To adopt rules of procedure which are not in conflict with the provisions of this chapter.

(Ord. No. 572, art. III, 7-16-96)

The board of zoning adjustment shall meet quarterly throughout a calendar year or by special request by an applicant. Upon determination of a regular or special meeting, public notice as to the time, place, date and subject matter of the meeting shall be provided. The board shall keep minutes of its proceedings showing the nature of the request and the resulting actions therefrom.

(Ord. No. 572, art. III, 7-16-96)

(a)

Authority and purpose. The board of zoning adjustment is hereby authorized to consider the following:

(1)

To hear and decide appeals where it is alleged that there has been an error in any order, requirement, decision or determination made by the administrative official in the enforcement of this chapter;

(2)

To grant variances from the literal terms and conditions of this chapter where there are practical difficulties or demonstrative hardships that are associated with a development review in order to maintain the spirit of this chapter in the way of public safety, welfare and substantial justice; and

(3)

To grant special exceptions as provided for in this chapter.

(b)

Limitations on appeal. An appeal may be initiated by any person aggrieved or by any office or department, board or bureau of the town affected by any decision of the administrative officer.

(Ord. No. 572, art. IV, 7-16-96)

(a)

A variance may be issued from any technical requirement of this chapter when there is an undue burden, unnecessary hardship created or any reasonable request submitted by the applicant. Independent verification of any undue burden, unnecessary hardship, and/or the necessity of any request by a disinterested third party shall be required before any variance shall be granted.

(b)

A variance shall be granted only if the applicant demonstrates that the variance request arises from a condition which is unique and not ordinarily found in the same zoning district.

(c)

The condition which requires the variance arises from an unusual circumstance rather than a request of convenience. The particular physical surroundings, shape or topographical conditions of the property would result in unnecessary hardship as distinguished from a mere inconvenience if the provisions were literally enforced.

(d)

The variance will not be materially detrimental to any other property or adversely affect adjoining properties.

(e)

The variance will not be contrary to the general spirit and intent of this chapter.

(f)

No variance shall be valid for a period longer than one year, unless within such time a certificate of zoning compliance, an occupational license, building permit or other such authorization is issued and commenced within this period. Any request to extend or continue an approved existing variance shall be considered an application for a new variance and all requirements and conditions of the variance application process shall be met prior to the termination of the existing variance.

(g)

Any variance granted due to an undue burden, unnecessary hardship or any other reasonable request shall no longer be valid and shall end immediately upon the termination or removal of the condition, burden or hardship that was the basis for the granting of the variance. The applicant and/or landowner shall remove the non-compliant use and/or structures and return the property to the same condition as prior to the granting of the variance within 30 days of the termination.

(Ord. No. 572, art. IV, 7-16-96; Ord. No. 701, §§ 2—4, 5-4-10)

(a)

The board of zoning adjustment is hereby authorized to grant special exceptions to permit:

(1)

The reconstruction of a nonconforming structure that has been damaged or destroyed.

(2)

A nonconforming use to change to another nonconforming use if there is no demonstrative negative impact.

(3)

A nonconforming use to be expanded up to 50 percent of the floor area existing on the effective date of the ordinance from which this chapter is derived.

(4)

The completion of the development commenced in accordance with the lawfully issued permit prior to July 16, 1996, when construction or development has been interrupted.

(5)

The reduction of the number of parking spaces required for any use.

(6)

The provision of joint parking, off-site parking and reduced parking when it is in the town's best interest.

(b)

Conditions relative to appeals, variances and special exceptions. Issuance of an appeal, variance or special exception may be made by the board of aldermen subject to such conditions that are necessary and reasonable in order to carry out the purpose, spirit and intent of this chapter and to prevent or minimize relative negative impacts of this allowance on the adjacent property or surrounding neighborhood including, but not limited to, limitations on size, location, requirements for landscaping, increased buffering, lighting, hours of operation, parking and/or other reasonable conditions.

(c)

Applications to the board of zoning adjustment. Any application to the board of zoning adjustment authorized under the provisions of this chapter shall be submitted to the administrative official in accordance with provisions of this chapter with relative information accompanied by a nonrefundable fee as established from time to time by the town.

(d)

Review. Within 15 days after receipt of a complete application, the administrative official shall complete the review and shall place the request on the next regularly scheduled meeting of the board of zoning adjustment. Consequently, the administrative official shall give notice to the applicant of his findings setting forth the request as being approved or denied by the administrative official and such public notice being provided as required by this chapter.

(e)

Action by the board. The board of zoning adjustment shall review the application, the recommendation of the administrative official, conduct a public hearing on the application under the requirements of this chapter and shall hear further testimony from the applicant and other individuals giving testimony therefrom. Subsequent to this public hearing, the board shall grant the request subject to conditions or deny the request. It shall take the concurring road of at least the majority of the councilmembers present to grant an appeal, variance or special exception under the terms of this chapter.

(Ord. No. 572, art. IV, 7-16-96)