See § 12-3 for provisions regarding Board of Zoning Appeals membership and officers.
A.
Appeals to the Board of Zoning 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 officers. Such appeal
shall be taken within 30 days from either the date of actual notice
of said decision to the person aggrieved or from the date of the mailing
of a copy of said decision to him, whichever is earlier, by filing
with the officer from whom the appeal is taken and with the Board
a notice of appeal specifying the grounds thereof. Filing with the
Board shall be accomplished by filing with the Village Clerk-Treasurer.
B.
The officer from whom the appeal is taken shall forthwith transmit
to the Board all papers constituting the record upon which the action
appealed from was taken.
C.
The Board shall fix a reasonable time for the hearing of the appeal
and shall give public notice thereof by publication once in the Village's
official newspaper, said publication to be not less than five days
before said hearing nor more than 15 days before said hearing and
shall give notice to the parties in interest and shall decide the
same within a reasonable time.
D.
A filing fee of $150 shall accompany each such appeal and no such
appeal shall be deemed properly filed unless said fee is paid. In
addition, the applicant shall pay to the Clerk-Treasurer such amounts
as determined by the Clerk-Treasurer for the costs of mailing, publication,
posting, and the like, the same to be paid prior to any decision rendered
by the governing body regarding the application.
[Amended 3-1-2006]
The Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the administrative
official.
B.
To hear and decide special exceptions to the terms of this chapter
upon which the Board is required to consider.
C.
To 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 will result
in practical difficulty or unnecessary hardship so that the spirit
of this chapter shall be observed, public safety and welfare secured,
and substantial justice done.
D.
Permit the erection and use of a building or premises in any location
subject to appropriate conditions and safeguards in harmony with the
general purposes of this chapter for such public utility purposes
which are reasonably necessary for public convenience and welfare.
E.
The Board may reverse or affirm, wholly or in part, or may modify
any order, requirement, decision or determination appealed from and
shall make such order, requirement, decision or determination as,
in its opinion, ought to be made in the premises and to that end shall
have all the powers of the administrative official. The concurring
vote of four members of the Board shall be necessary to reverse any
order, requirement or determination appealed from or to decide in
favor of the applicant on any matter on which it is required to pass
or to effect any variation in the requirements of this chapter.
In addition to the foregoing, the Board shall have the following
specific powers:
A.
To grant a permit for a temporary building for commerce or industry
in a residential district which is incidental to the residential development,
such permit to be issued for a period of not more than six months.
B.
To grant a permit for the extension of a district boundary for a
distance of not more than 25 feet where the boundary of a district
divides a lot in single ownership at the time of the adoption of this
chapter.
C.
To permit the temporary storage, as defined herein, of an item otherwise prohibited under Article III of this chapter.
D.
To interpret the provisions of this chapter in such a way as to carry
out the intent and purpose of the plan as shown on the Official Map
accompanying and made a part of this chapter where the street layout
actually on the ground varies from the street layout on the aforesaid
map.
E.
The Board shall have the power to call on any other Village department
for assistance in the performance of its duties and it shall be the
duty of such other department to render such assistance as may be
reasonably required.
Except as specifically provided, no action of the Board shall
have the effect of permitting in any district uses prohibited in such
district; nor shall such Board be permitted to take any action which
would, in effect, create a buildable lot smaller than the minimum
lot size or area otherwise required by the Village.
