A.
Scope of appeals. Appeals to the Zoning Board of Appeals may be taken
by any person aggrieved or by any officer, department, board or bureau
of the Village affected by any decision of the administrative officer.
Such appeal shall be taken within a reasonable 30 days of the alleged
grievance or judgment in question by filing with the officer(s) from
whom the appeal is taken and with the Zoning Board of Appeals a notice
of appeal specifying the grounds thereof, together with payment of
a filing fee as may be established by the Village Board. The officer(s)
from whom the appeal is taken shall forthwith transmit to the Zoning
Board of Appeals all papers constituting the record of appeals upon
which the action appealed from was taken.
B.
Stay of proceedings. An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the officer from whom
the appeal is taken certifies to the Zoning Board of Appeals that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause immediate peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Zoning Board of Appeals or by a court
of record on application, on notice to the officer from whom the appeal
is taken and on due cause shown.
C.
Powers of Zoning Board of Appeals.
(1)
In
addition to those powers enumerated elsewhere in this Code, the Zoning
Board of Appeals shall have the following powers:
(a)
Errors: to hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Zoning Administrator or Building Inspector.
(c)
Interpretations: to hear and decide applications for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Village Board has made a review and recommendation.
(d)
Substitutions: to hear and grant applications for substitution
of more restrictive nonconforming uses for existing nonconforming
uses, provided that no structural alterations are to be made and the
Village Board has made a review and recommendation. Whenever the Board
permits such a substitution, the use may not thereafter be changed
without application.
(e)
Unclassified uses: to hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Village Board
has made a review and recommendation.
(f)
Temporary uses: to hear and grant applications for temporary
uses in any district, provided that such uses are of a temporary nature,
do not involve the erection of a substantial structure and are compatible
with the neighboring uses and the Village Board has made a review
and recommendation. The permit shall be temporary, revocable, subject
to any condition required by the Zoning Board of Appeals and shall
be issued for a period not to exceed 12 months. Compliance with all
other provisions of this chapter shall be required.
(2)
The
Board may reverse, affirm wholly or partly, or modify the requirements
appealed from and may issue or direct the issue of a permit.
The Zoning Board of Appeals shall fix a reasonable time for the hearing, cause notice thereof to be published in accordance with Chapter 135 of this Code not less than seven days prior thereto, and cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing to the fee owners of record of all land within 100 feet of any part of the subject building or premises involved in the appeal.
A.
Time frame. The Zoning Board of Appeals shall decide all appeals
and applications within 30 days after the public hearing and shall
transmit a signed copy of the Board's decision to the appellant
or applicant and the Zoning Administrator.
B.
Conditions. Conditions may be placed upon any zoning permit ordered
or authorized by this Board.
C.
Validity. Variances, substitutions or use permits granted by the
Board shall expire within six months unless substantial work has commenced
pursuant to such grant.
A.
Purpose.
(1)
A request for a variance may be made when an aggrieved party
can submit proof that strict adherence to the provisions of this chapter
would cause him undue hardship or create conditions causing greater
harmful effects than the initial condition. A variance granted to
a nonconforming use brings that use into conformance with the district
and zoning requirements.
(2)
The Zoning Board of Appeals may authorize, upon appeal, in specific
cases, such variance from the terms of this chapter as will not be
contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of this chapter will result
in unnecessary hardship, so that the spirit of this chapter shall
be observed and substantial justice done. No variance shall have the
effect of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the flood-protection
elevation for the particular area or permit standards lower than those
required by state law.
(3)
For the purposes of this section, "unnecessary hardship" shall
be defined as an unusual or extreme decrease in the adaptability of
the property to the uses permitted by the zoning district which is
caused by facts, such as rough terrain or good soil conditions, uniquely
applicable to the particular piece of property as distinguished from
those applicable to most or all property in the same zoning district.
B.
Application for variance. The application for a variance shall be
filed with the Zoning Administrator. Applications may be made by the
owner or lessee of the structure, land or water to be affected. The
application shall contain the following information:
(1)
The name and address of the applicant and all abutting and opposite
property owners of record.
(2)
A statement that the applicant is the owner or the authorized
agent of the owner of the property.
(3)
The address and a description of the property.
(4)
A site plan showing an accurate depiction of the property.
(5)
Additional information required by the Village Engineer, Village
Board, Zoning Board of Appeals or Zoning Administrator.
C.
Public hearing of application. The Zoning Board of Appeals shall
conduct at least one public hearing on the proposed variance. Notice
of such hearing shall be given not more than 30 days and not less
than 10 days before the hearing in one or more of the newspapers in
general circulation in the Village, and due notice shall be given
to the parties in interest, the Zoning Administrator and the Village
Board. At the hearing, the appellant or applicant may appear in person,
by agent or by attorney. The Zoning Board of Appeals shall thereafter
reach its decision within 30 days after the final hearing and shall
transmit a written copy of its decision to the appellant or applicant.
D.
Action of the Zoning Board of Appeals. For the Zoning Board of Appeals
to grant a variance, it must find that:
(1)
Denial of the variance may result in hardship to the property
owner due to physiographical consideration. There must be exceptional,
extraordinary or unusual circumstances or conditions applying to the
lot or parcel, structure, use or intended use that do not apply generally
to other properties or uses in the same district, and the granting
of the variance would not be of so general or recurrent a nature as
to suggest that this chapter should be changed.
(2)
The conditions upon which a petition for a variance is based
are unique to the property for which variance is being sought, and
that such variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other properties in the
same district and same vicinity.
(3)
The purpose of the variance is not based exclusively upon a
desire to increase the value or income potential of the property.
(4)
The granting of the variance will not be detrimental to the
public welfare or injurious to the other property or improvements
in the neighborhood in which the property is located.
(5)
The proposed variance will not undermine the spirit and general
and specific purposes of this chapter.
E.
Village Board action. Parties may appeal decisions of the Zoning
Board of Appeals under this section to the Village Board; the Village
Board shall follow the procedures applicable to the Zoning Board of
Appeals under this section.
F.
Conditions. The Village Board or the Zoning Board of Appeals, on
appeal, may impose such conditions and restrictions upon the premises
benefited by a variance as may be necessary to comply with the standards
established in this section.
Any person or persons aggrieved by any decision of the Zoning
Board of Appeals may present to a court of record a petition, duly
verified, setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the office
of the Zoning Board of Appeals.[1]
