See §
16-3, Board of Zoning Appeals, of this Code.
The Board of Zoning Appeals shall organize and adopt rules of
procedure for its own government in accordance with the provisions
of this chapter.
A. Meetings. Meetings shall be held at the call of the chairman and
shall be open to the public.
B. Minutes. Minutes of the proceedings and a record of all action shall
be kept by the secretary showing the vote of each member upon each
question, the reasons for the Board's determination and its finding
of facts. These records shall be immediately filed in the office of
the secretary and shall be public record.
C. Required vote. The concurring vote of four members of the Board shall
be necessary to correct any error; grant a variance; make an interpretation;
and permit a utility, temporary, unclassified or substitute use.
The Board shall have the following powers and duties:
A. Errors. To hear and decide appeals where it is alleged there is an
error in any order, requirement, decision, or determination made by
the Zoning Administrator.
B. Variances. To hear and grant appeals for variances, as will not be
contrary to the public interest where, owing to special conditions,
literal enforcement will result in practical difficulty or unnecessary
hardship so that the spirit and purposes of this chapter shall be
observed and the public safety, welfare and justice secure. Use variances
shall not be granted. The fee shall be set by the Village Board and
shall be paid with the application for a variance.
[Amended 5-6-2013 by Ord.
No. 2013-01]
C. Interpretations. To hear and decide applications for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Zoning Administrator 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 no structural alterations are to be made and the Zoning Administrator
has made a review and recommendation. Whenever the Board permits such
a substitution, the use any 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 Zoning Administrator
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 Zoning Administrator has made a
review and recommendation. The permit shall be temporary, revocable,
subject to any conditions required by the Board, and shall be issued
for a period not to exceed 12 months. Compliance with all other provisions
of this chapter shall be required.
G. Permits. The Board may reverse, affirm wholly or partly, or modify
the requirements appealed from and may issue or direct the issue of
a permit.
H. Assistance. The Board may request assistance from other Village offices,
departments, commissions, and boards.
I. Oaths. The Chairman may administer oaths and compel the attendance
of witnesses.
Appeals from the decision of the Zoning Administrator concerning
the literal enforcement of this chapter may be made by any person
aggrieved or by an officer, department, board or bureau of the Village.
Such appeals shall be filed with the secretary within 30 days after
written notice of the decision or order of the Zoning Administrator.
Applications may be made by the owner or lessee of the structure,
land or water to be affected at any time and shall be filed with the
secretary. Such appeals and application shall include the following:
A. Name and address of the appellant or applicant and all abutting and
opposite property owners of record.
B. A copy of a plat map, scale map, or other suitable type map containing the information required under Article
III of this chapter for a zoning permit.
[Amended 12-7-2020]
C. A fee as set by the Village Board, which shall be paid with the application
for variance.
[Amended 5-6-2013 by Ord.
No. 2013-01]
D. Additional information required by the Board of Zoning Appeals or
the Zoning Administrator.
[Amended 12-7-2020]
The Board of Zoning Appeals shall fix a reasonable time and
place for the hearing, give a Class 2 public notice thereof, and to
the parties in interest. At the hearing, the appellant or applicant
may appear in person, by agent or by attorney.
[Amended 8-6-2018 by Ord.
No. 520-68]
No variance to the provisions of this chapter shall be granted
by the Board of Zoning Appeals unless it finds that all of the following
facts and conditions exist and so indicates in the minutes of its
proceedings:
A. Unless the variance is granted, there will be an "unnecessary hardship,"
as that term is used herein, in that strict compliance with this Zoning
Code would unreasonably prevent the property owner from using the
property for a permitted purpose or would render conformity with this
Zoning Code unnecessarily burdensome. The unnecessary, hardship is
based on conditions unique to the property, rather than considerations,
personal to the property owner, and that the unnecessary hardship
was not created by the property owner.
B. Granting the variance will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of the Zoning Code will result in practical difficulty or unnecessary
hardship, and that the spirit of the Zoning Code shall be observed,
public safety and welfare secured, and substantial justice done.
C. For purposes of this section, the property owner bears the burden
of proving "unnecessary hardship," as that term is used herein, for
an area variance, by demonstrating that strict compliance with this
Zoning Code would unreasonably prevent the property owner from using
the property owner's property for a permitted purpose or would render
conformity with this Zoning Code unnecessarily burdensome. In all
circumstances, the property owner bears the burden of proving that
the unnecessary hardship is based on conditions unique to the property,
rather than considerations personal to the property owner, and that
the unnecessary hardship was not created by the property owner.
The Board of Zoning Appeals shall decide all appeals and applications
within 30 days after the final hearing and shall transmit a signed
copy of the Board's decision to the appellant or applicant.
A. Conditions may be placed upon any zoning permit ordered or authorized
by the Board.
B. Variances, substitutions, or use permits granted by the Board shall
expire within six months unless substantial work has commenced pursuant
to such grant.
Any person or persons aggrieved by any decision of the Board
may present to the 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 filing of the decision in the office of the Clerk-Treasurer.