The five members of the Zoning Board of Appeals shall be Village
residents appointed by majority vote of the Village Board to three-years
terms, or the remainder thereof.
The Village Board appoints a Chairperson to chair meetings,
administer oaths and compel witnesses' attendance and a Vice Chairperson
to act in his absence.
The Zoning Board of Appeals may appoint a Secretary to take
minutes of all meetings and keep records.
Three members shall constitute a quorum.
The Zoning Board of Appeals shall adopt rules for its actions
and procedures when and as it deems appropriate.
The Zoning Board of Appeals shall hear and decide appeals from any denied building or occupancy permit or review any order or decision issued by a Village official under Chapter
340, Zoning. All actions require a resolution, adopted by at least three affirmative votes.
The Zoning Board of Appeals has authority to vary the application of any provision of Chapter
340, Zoning, so that the spirit of Chapter
340, Zoning, is observed, the public safety and welfare secured, and substantial justice done.
In making its decisions, the Zoning Board of Appeals shall consider
the health, safety and general welfare of the Village. No variance
shall be granted absent the following findings regarding the site
or structure(s) for which the variance is sought:
A. Deprivation of reasonable use. The strict application of Chapter
340, Zoning, would deprive the applicant of reasonable use of the site or structure(s).
B. Unique circumstances. There are special circumstances which:
(1) Are peculiar to the site or structure(s);
(2) Do not apply generally to the area or neighborhood; and
(3) Are not the result of an act of the applicant, or a predecessor, taken after the adoption of the provision of Chapter
340, Zoning, or a predecessor law, which the appeal seeks to vary.
C. Need and general prosperity. There is a need for the use that will
enhance the Village's convenience and prosperity.
D. Consistent and not adverse. The variance is consistent with the intentions of Chapter
340, Zoning, and will not adversely affect neighboring persons or property or alter the essential character of the locality.
E. Minimum deviation. The variance granted is the minimum deviation from the provisions of Chapter
340, Zoning, that will accomplish the purposes of Subsections
A through
D.
Variances may include any conditions the Zoning Board of Appeals believes will improve compliance with the letter or spirit of Chapter
340, Zoning.
The Zoning Board's duties also include:
A. Extending deadline for termination of sex shops: §
280-4B.
Special permits are required for:
A. Auto shops/gas sales in south side C-2 Zones: § 852.32.
C. Explosives manufacturing in:
D. Landfills in land conservation zones: § 843.30.
F. Nursing homes in C-1 Zones: § 851.32.
G. Objectionable emissions in:
K. Temporary commercial buildings in: