There is established a Board of Appeals 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.
Appeals from the decision of the Zoning Inspector concerning
the literal enforcement of this chapter may be made by any person
aggrieved or by any officer, department, board or bureau. Such appeals
shall be filed with the Secretary within 30 days after the date of
written notice of the decision or order of the Zoning Inspector. 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. Names and addresses of the appellant or applicant and all abutting
and opposite property owners of record.
B. Plat of survey prepared by a registered land surveyor showing all of the information required under §
365-37 and §
365-38.
C. Additional information required by the Plan Commission, Village Engineer,
Board of Appeals, or Zoning Inspector.
The Board of Appeals shall fix a reasonable time and place for
the hearing, giving public notice thereof at least 10 days prior to
the hearing, and shall give due notice to the parties in interest,
the Zoning Inspector, and the Plan Commission. At the hearing, the
appellant or applicant may appear in person, by agent, or by attorney.
No variance to the provisions of this chapter shall be granted
by the Board unless it finds beyond a reasonable doubt that all the
following facts and conditions exist and so indicates in the minutes
of its proceedings:
A. Exceptional circumstances. 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
this chapter should be changed.
B. Preservation of property rights. Such variance is necessary for the
preservation and enjoyment of substantial property rights possessed
by other properties in the same district and the same vicinity.
C. Absence of detriment. The variance will not create substantial detriment
to adjacent property and will not materially impair or be contrary
to the purpose and spirit of this chapter or the public interest.
Any person or persons aggrieved by any decision of the Board
of Appeals 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 the filing of the decision in the office of the Board
of Appeals.
A fee of as set by the Village Board will be charged for each
application submitted herewith, which includes publication costs.
The applicant will also be required to pay the costs of any consultant
reports which may be required by the Board.