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.