A Board of Appeals is hereby created. Said Board shall consist of three members appointed by the Village Board. The Village Board shall also designate the Chairman. The Board of Appeals shall prescribe rules for the conduct of its affairs.
The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
A. 
Interpretation. Upon appeal from a decision of the Zoning/Code Enforcement Officer to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
B. 
Special permits.
(1) 
To issue special permits for any of the uses for which this chapter requires the obtaining of such permits from the Board of Appeals.
(2) 
No such special permit shall be granted by the Board of Appeals unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare. The Board of Appeals shall find that:
(a) 
It is reasonably necessary for the public health or general interest or welfare.
(b) 
It is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
(c) 
The off-street parking spaces required are adequate to handle expected use.
(d) 
Neighborhood character and surrounding property values are reasonably safeguarded.
(e) 
Use thereof will not cause undue traffic congestion or create a traffic hazard.
C. 
Variances.
(1) 
To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building for a use permitted in the district.
(2) 
No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals, unless it finds:
(a) 
That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
(b) 
That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
(c) 
That the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(3) 
In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
A. 
The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of this chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
B. 
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Village Clerk/Treasurer by case number under one or another of the following headings: Interpretations; Special Permits; Variances; together with all documents pertaining thereto. The Board of Appeals shall notify the Village Board of each special permit and each variance granted under the provisions of this chapter.