The Zoning Board of Appeals is established for the purpose of
hearing appeals and applications and granting variances and exceptions
to the provisions of this chapter in harmony with the purpose and
intent of this chapter.
A.
Composition. The Zoning Board of Appeals shall consist of five members
appointed by the Village President and subject to confirmation by
the Village Board for terms of three years.
B.
Removal. The members of the board shall be removable by the Village
President for cause upon written charges and after public hearing.
C.
Alternate members. The Village President shall appoint two alternate
members in addition to the five regular members for one-year terms.
The Village President shall annually designate one of the alternates
as the first alternate member and the other as the second alternate
member. The first alternate member shall act only when a regular member
is absent or abstains. The second alternate member may act only when
the first alternate is unable to act or is already sitting or acting.
D.
Vacancy. Should any vacancy occur among the members by reason of
death, resignation, disability, removal, or otherwise, immediate notice
thereof shall be given to the Village President and Village Board,
and the Board shall appoint a replacement. Should any vacancy occur
among the officers, the vacant office shall be filled in accordance
with the Zoning Board of Appeals rules, such officer to serve the
unexpired term of the office in which such vacancy shall occur.
E.
Officers. The Zoning Board of Appeals members shall elect a chairperson
from among its members. The Zoning Administrator or his/her designee
shall serve as the secretary of the Zoning Board of Appeals, and the
Village Planning staff shall act as the agent of the Zoning Board
of Appeals in carrying out its duties.
F.
Organization. The Zoning Board of Appeals shall organize and adopt
rules of procedure for its own governance in accordance with the provisions
of this chapter.
(1)
Meetings shall be held at the call of the chairperson and shall
be open to the public.
(2)
Minutes of the proceedings and a record of all actions shall
be kept by the Board 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 Board
and shall be a public record.
(3)
The concurring vote of four members of the Board shall be necessary
to correct an error, grant a variance, or make an interpretation.
The Zoning Board of Appeals is hereby vested with the following
jurisdiction and authority:
A.
Appeals. 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 his/her designee in the enforcement of
this chapter.
B.
Variances. To hear and act upon applications for specific variances
from the terms provided in this chapter.
C.
Other matters. To hear and act upon all other matters referred to
it upon which it is required to act under this chapter.
D.
Assistance. The Board may request assistance from other Village officers,
departments, commissions, and boards.
E.
Oaths. The chairperson, or in his/her absence the acting chairperson,
may administer oaths and compel the attendance of witnesses.
Appeals to the Zoning Board of Appeals may, upon formal application,
be taken by any person aggrieved by or affected by a decision of the
Zoning Administrator or any other administrative official charged
with administering and enforcing this chapter. Such appeals shall
be governed by the following provisions:
A.
Procedure.
(1)
A petition shall be filed with the Zoning Administrator and
transmitted to the Zoning Board of Appeals. An appeal shall stay all
legal proceedings of the action appealed unless a stay would cause
imminent peril to life or property.
(2)
The officer whose action is appealed shall submit a written
report to the Board that describes the reasons for the action and
send a representative to the appeal hearing to comment.
(3)
The Board shall establish a reasonable time for the hearing
of the appeal and give public notice thereof. The Board shall render
a decision on the appeal within a reasonable time.
(4)
The Board may reverse or affirm, wholly or partially, or may
modify the order, requirement, decision, or determination as appropriate.
The Zoning Board of Appeals may, upon denial of a site plan as required in Part 500-1500 and submission of a formal application, grant a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship on the applicant.
A.
Procedure. An application for a variance shall be filed with the
Zoning Administrator and transmitted to the Zoning Board of Appeals.
Prior to making a determination with respect to a variance request,
the Board shall hold a public hearing and provide, by mail, written
notice to the petitioner and to owners of property immediately surrounding
the property in question, exclusive of streets and alleys.
B.
Findings. No variance shall be granted by the Board unless it finds
that the following facts and conditions exist and so indicates in
the minutes of its proceedings.
(1)
Preservation of intent. A variance would not be inconsistent
with the spirit, purpose, and intent of the regulations for the district
in which it is requested.
(2)
Exceptional circumstances. Exceptional, extraordinary, or unusual
circumstances or conditions apply to the lot or intended use that
do not apply generally to other properties or uses in the same district,
and the variance is not of so general or recurrent a nature to suggest
that this chapter should be changed.
(3)
Preservation of property rights. The variance is necessary for
the preservation and enjoyment of the same substantial property rights
which are possessed by other properties in the same district and vicinity.
(4)
Absence of detriment. The variance will not create substantial
detriment to adjacent property and will not materially impair or be
contrary to the spirit, purpose, and intent of this chapter or the
public interest.
(5)
Hardship. The alleged difficulty in complying with the municipal
code is not self-imposed nor is it based solely on economic grounds.
All decisions and findings of the Zoning Board of Appeals, on
appeal or upon application for a variance after a hearing, shall in
all instances be final administrative determinations and shall be
subject to review by court as may be provided by law.
