The Board of Appeals shall fix a reasonable time for the hearing,
cause notice thereof to be published in the official newspaper not
less than seven days prior thereto, 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 records of all land within 100 feet of any part
of the subject building or premises involved in the appeal.
[Amended 4-5-1999 by Ord. No. 2-1999; 7-1-2002]
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 Zoning
Code 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 Board of Appeals may authorize upon appeal, in specific
cases, such variance from the terms of the Zoning Code as 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 unnecessary hardship and so that the spirit of the Zoning Code
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 that 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 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)
Name and address of applicant and all abutting and opposite
property owners of record.
(2)
Statement that the applicant is the owner or the authorized
agent of the owner of the property.
(3)
Address and description of the property.
(4)
A site plan showing an accurate depiction of the property.
(5)
Any additional information required by the Village Board, Village
Engineer, Board of Zoning Appeals or Zoning Administrator.
(6)
A receipt for the required fee as set by the Village Board.
See Fee Service Schedule.
C. Public hearing on application. The 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 shall give due notice 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 Board 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, Zoning Administrator
and Village Board.
D. Action of the Board of Appeals. For the Board to grant a variance,
it must find that:
(1)
Denial of 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 nature as to suggest that
the Zoning Code 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 the Zoning Code.
E. Conditions. The Board of Appeals 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 Board
of Appeals my 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 Board
of Appeals.