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1976 023 Ordinance
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1976 023 Ordinance
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Last modified
11/19/2018 3:56:37 PM
Creation date
8/10/2018 5:55:06 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
023
Date
12/20/1976
Year
1976
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-$- <br />? <br />7.24 Construction and Use to be as Provided in Applications, Plans, Permits, <br />and Certificates of Zoning Compliance - Zoning permits, Special Exception uses, <br />or Certificates of Zoning Gompliance issued on the basis of approved plans and <br />applications authorize only the use, arrangement, and construction set forth <br />in such approved plans and applications, and no other use, arrangement, or <br />construction. Use, arrangement, or construction at variance with that authorized <br />shall be deemed violation of this Ordinance, and punishable as provided by <br />Section 9.0. The applicant shall ordinarily be required to submit certi£ication <br />by a registered professional engineer or other qualiEied person designated by <br />the governing body that the finished fill and building floor elevation, <br />floodproofing, or other flood protection measures were accomplished in com- <br />pliance with the provision o£ this Ordinance. <br />7.3 BOARD OF APPEALS <br />The Board of Appeals is authorized and directed as follows: <br />7.31 Rules - The Board of Appeals shall adopt rules for the conduct of business <br />and may exercise all o£ the powers conferred on such Boards by State Law. <br />7.32 Administrative Review - The Board shall hear and decide appeals where it <br />is alleged there is error in any order, requirement,: decision or determination <br />made by an administrafive o£ficial in the enforcement of administration of <br />this Ordinance. <br />7.33 Special Exceptions - It shall hear and decide applications £or Special <br />Exception uses upon which the Board is authorized to pass under this <br />Ordinance. <br />7.34 Variances - It may authorize upon appeal in specific cases such variance <br />from the terms of this Ordinance as will not be contrary to the public <br />interest, where owning to special conditions a literal enforcement of the pro- <br />visions of the ordinance will result in unnecessary hardship an d so that the <br />spirit of the ordinance shall be observed and substantial justice done. No <br />variance shall have the effect of allowing in any district uses prohibited <br />in that district, permit a lower degree of flood protection than the flood <br />protection elevation, £or the particular area, or permit standards lower than <br />those required by State law. <br />7.4 HEARINGS AND DECISIONS OF THE BOARD OF APPEALS <br />7.41 Hearings - Upon the filing with the Board o£ Appeals of an appeal £rom <br />a decision of the Building Commissioner, an application £or Special Exception <br />or an application for a Variance, the Board shall hold a public hearing. The <br />Board shall £ix a reasonable time for the hearing (in accord with state law <br />or charter) and give public notice thereof, as well as due notice to parties <br />in interest. At the hearing, any party may appear in person or by agent or <br />attorney and present written and oral evidence for the record which he may <br />have transcribed by a stenographer. The written transcript, if presented to <br />the Board by the appellant, shall be a part of the record. <br />7.42 Decisions - The Board shall arrive at a decision on such appeal, <br />Special Exception use, or Variance within a reasonable time. In passing upon <br />
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