§ 18.6. Powers and duties.

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

1.

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the building official or any other administrative official in carrying out, or enforcing, any provisions of this Ordinance.

2.

Interpretation. To hear and decide in accordance with the provisions of this Ordinance:

a.

Appeals for the interpretation of the provisions of the Ordinance.

b.

Requests to determine the precise location of the boundary lines between the zoning districts as they are displayed on the Zoning Map, when there is dissatisfaction with the decision on such subject.

3.

Variances. The zoning board of appeals shall have the power to authorize, upon appeal, specific variances from such dimensional requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations, such requirements as off-street parking and loading space, and sign regulations, and other similar requirements as specified in the Ordinance. To obtain a variance, the applicant must show that a "practical difficulty" exists. In determining if a practical difficulty exists, the zoning board of appeals shall consider whether the following conditions exist:

a.

That strict compliance with area, setbacks, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render the conformity unnecessarily burdensome;

b.

That a variance would do substantial justice to the applicant, as well as to other property owners in the district;

c.

That the plight of the owner is due to the unique circumstances of the property;

d.

That the problem is in no way self-created.

4.

Approval of temporary uses. The zoning board of appeals shall have the power to grant permits authorizing temporary land uses for:

a.

Seasonal sales of produce, firewood or Christmas trees, and similar uses; under the following conditions:

(1)

Zoning districts where permitted. Temporary uses shall be restricted to nonresidential zoning districts.

(2)

Application and submittal requirement. The application for a temporary use permit shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:

(i)

The shape, location, and dimensions of the lot, including the shape, size, and location of all buildings or other structures already on the lot, off-street parking layout, and the location of any designated fire lanes.

(ii)

The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands, or display racks.

(iii)

The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking spaces, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.

(3)

Time limitations:

(i)

A temporary use permit for the sale of Christmas trees, seasonal items such as flowers and similar uses shall by its terms be effective for no longer than 30 days. No more than one temporary use permit for the sale of Christmas trees shall be issued for any given location within a single calendar year.

(ii)

A temporary use permit for a vegetable, fruit or produce stand or for the sale of firewood or similar use shall, by its terms, be effective for no longer than three months. No more than one temporary use permit for such uses shall be issued for any given location within a single calendar year.

b.

Permit uses which do not require the erection of any capital improvement of a structural nature, not otherwise permitted in any district (such as art fairs, carnivals, and civic festival events), not to exceed 12 months.

In classifying uses as not requiring capital improvement, the zoning board of appeals shall determine that they are either demountable structures related to the permitted use of land; recreation developments, such as, but not limited to: golf driving range and outdoor archery courts; or structures which do not require foundations, heating systems, or sanitary connections.

c.

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.

d.

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this Ordinance. Further, the zoning board of appeals shall seek the review and recommendation of the planning commission prior to the taking of any action.

5.

Essential services. The zoning board of appeals shall review and approve, after a public hearing, the location of overhead or underground and necessary poles and towers to be erected to service primarily those areas beyond the municipality.

6.

Standards for approval for temporary uses and essential services. A temporary use permit shall only be granted if the zoning board of appeals determines that the proposed use, including the erection of any temporary building or structure, will:

a.

Provide adequate light and ventilation between buildings and structures.

b.

Provide adequate automobile and pedestrian traffic flow and provide adequate off-street parking.

c.

Provide adequate lot access for fire protection purposes.

d.

Not adversely affect the stability and integrity of the zoning plan prescribed by this Ordinance or otherwise interfere with the protection of public health, safety, and general welfare.

e.

Not be incompatible with or otherwise adversely affect the physical character of the community and, in particular, the surrounding area with a distance of 1,000 feet.

f.

When the proposed temporary use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district in which the temporary special use is to be located, including all requirements pertaining to lot size, height, setback, open space ratio, maximum percentage of covered lot area, and off-street parking.