Laserfiche WebLink
<br />.e <br /> <br />Ie <br /> <br />ZONING <br /> <br />~ 106-122 <br /> <br />(2) Time for and notice of hearing of appeal. The board of adjustment shall fix a reasonable <br />time for the hearing of the appeal, give public notice _thereof, as well as due notice to <br />the parties in interest, and decide the same within a reasonable time. Upon the <br />hearing any party may appear in person or by agent or attorney. <br /> <br />(3) Action on appeal. In exercising the powers set forth in section 106-88, the board of <br />adjustment may, in confonnity with the provisions of this chapter, reverse or aflinn, <br />wholly or partly, or may modify the order, requirement, decision, or determination as <br />ought to be made, and to that end shall have all the powers of the enfQrcement officer <br />from whom the appeal is taken. The board must find the following in order to grant an <br />appeal: <br /> <br />a. That there is a reasonable difference of interpretation as to the specific intent of <br />the zoning regulations or zoning map, provided the interruption of the enforce- <br />ment officer is a reasonable presumption and the zoning ordinance is unreason- <br />able. <br /> <br />b. That the resulting interpretation will not grant a special privilege to one property <br />inconsistent with other properties or uses similarly situated. <br /> <br />c. The decision of the board must be in the best interest of the community and <br />consistent with the spirit and interest of the city's zoning laws and the <br />comprehensive plan of the city. <br /> <br />Sees. 106-90-106-120. Reserved. <br /> <br />DIVISION 3. ENFORCEMENT <br /> <br />Sec.. 106-121. Completio.n under prior regulations. <br /> <br />Nothing herein shall require any change in the plans, construction or designated use of a <br />building for which a legal building permit has been issued prior to adoption, provided such <br />construction shall have been started within six months following the date of issuance of such <br />permit and work thereon is diligently prosecuted to completion. <br /> <br />Sec. 106-122. Completion under chapter. <br /> <br />(a) If the work described in any building permit which complies with this chapter has not <br />begun within sL-<: months from the date of issuance thereof, said pennit shall expire; it shall be <br />cancelled by the enforcing officer, and written notice thereof shall be given to the persons <br />affected. <br /> <br />(b) If the work described in any building permit issued under the provisions of this chapter <br />has not been commenced within six: months, or if construction or work is suspended or <br />abandoned for a period of six months at any time after work is commenced, said pennits shall <br />expire and be cancelled by the enforcing officer. Written notice thereof shall be given to the <br />persons affected,. together with notice that further work as described in the cancelled permit <br />shan not proceed unless and until a new building permit has been obtained. <br /> <br />CD106:27 <br />