A.
Scope of appeals. Appeals to the Zoning Board of 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
officer. Such appeal shall be taken within reasonable 30 days of the
alleged grievance or judgment in question by filing with the officer(s)
from whom the appeal is taken and with the Zoning Board of Appeals
a notice of appeal specifying the grounds thereof, together with payment
of a filing fee as may be established by the Village Board. The officer(s)
from whom the appeal is taken shall forthwith transmit to the Zoning
Board of Appeals all papers constituting the record of appeals upon
which the action appealed from was taken.
B.
Stay of proceedings. An appeal shall stay all legal
proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Zoning Board
of Appeals that, by reason of facts stated in the certificate, a stay
would, in his opinion, cause immediate peril to life or property.
In such cases, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Zoning Board of Appeals
or by a court of record on application, on notice to the officer from
whom the appeal is taken and on due cause shown.
C.
Powers of Zoning Board of Appeals. In addition to
those powers enumerated elsewhere in this Code, the Zoning Board of
Appeals shall have the following powers:
(1)
Errors. 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 Building Inspector.
(2)
Variances. To hear and grant appeals for variances
as will not be contrary to the public interest where, owing to owing
to special conditions, a literal enforcement will result in practical
difficulty or unnecessary hardship, so that the spirit and purposes
of this chapter shall be observed and the public safety, welfare and
justice secured. Use variances shall not be granted.
(3)
Interpretations. To hear and decide applications for
interpretation of the zoning regulations and the boundaries of the
zoning districts after the Village Board has made a review and recommendation.
(4)
Substitutions. To hear and grant applications for
substitution of more restrictive nonconforming uses for existing nonconforming
uses, provided that no structural alterations are to be made and the
Village Board has made a review and recommendation. Whenever the Board
permits such a substitution, the use may not thereafter be changed
without application.
(5)
Unclassified uses. To hear and grant applications
for unclassified and unspecified uses, provided that such uses are
similar in character to the principal uses permitted in the district
and the Village Board has made a review and recommendation.
(6)
Temporary uses. To hear and grant applications for
temporary uses in any district, provided that such uses are of a temporary
nature, do not involve the erection of a substantial structure and
are compatible with the neighboring uses and the Village Board has
made a review and recommendation. The permit shall be temporary, revocable,
subject to any condition required by the Zoning Board of Appeals and
shall be issued for a period not to exceed 12 months. Compliance with
all other provisions of this chapter shall be required.
D.
Permits. The Board may reverse, affirm, wholly or
partly, or modify the requirements appealed from and may issue or
direct the issue of a permit.
The Zoning 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, and 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 record of all land within 100
feet of any part of the subject building or premises involved in the
appeal.
A.
Time frame. The Zoning Board of Appeals shall decide
all appeals and applications within 30 days after the public hearing
and shall transmit a signed copy of the Board's decision to the appellant
or applicant and the Zoning Administrator.
B.
Conditions. Conditions may be placed upon any zoning
permit ordered or authorized by this Board.
C.
Validity. Variances, substitutions or use permits
granted by the Board shall expire within six months unless substantial
work has commenced pursuant to such grant.
A.
Purpose.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
(1)
A request for a variance may be made when an aggrieved
party contends that strict adherence to the provisions of this chapter
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 Zoning Board of Appeals may 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 of the provisions of this chapter
will result in unnecessary hardship and so that the spirit of this
chapter shall be observed and substantial justice done. No variance
shall permit a lower degree of flood protection than 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 topographical or 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 for variance
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)
Additional information required by the Village Engineer,
Village Board, Zoning Board of Appeals or Zoning Administrator.
C.
Public hearing of application. The Zoning 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.
D.
Action of the Board. 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 considerations, and the granting of the
variance would not be of so general or recurrent nature as to suggest
that this chapter should be changed. 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.
(2)
The conditions upon which a petition for a variance
is based are unique to the property for which variance is being sought
and 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 this chapter.
E.
(Reserved)
F.
Conditions. The Zoning Board of Appeals or the Village
Board on appeal 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 Zoning Board of Appeals may 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 Zoning Board of Appeals.