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 Board 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
these powers enumerated elsewhere in this Code, the Zoning Board of
Appeals shall have the following powers:
(3)
Interpretations. To hear and decide application for
interpretations of the zoning regulations and the boundaries of the
zoning districts after the Plan Commission 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
Plan Commission 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 Plan Commission 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 Plan Commission has
made a review and recommendation. The permit shall be temporary, revocable,
and subject to any condition required by the Zoning Board Appeals
and shall be issued for a period not to exceed 12 months. Compliance
with all other provisions of this chapter shall be required.
(7)
Permits. The Board may reverse, affirm wholly or partly,
or modify the requirements appealed from and may issue or direct the
issuance 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.
(1)
A request for a variance may be made when an aggrieved
party can submit proof that strict adherence to the provisions of
this Zoning Code 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 the Zoning Code
as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of the Zoning
Code will result in unnecessary hardship and so that the spirit of
the Zoning Code shall be observed and substantial justice done. No
variance shall have the effect of allowing in any district uses prohibited
in that district, 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 rough terrain or good 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 variation. The application for variation
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 the 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 Plan Commission,
Village Engineer, 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
variation. Notice of such hearing shall be given as a Class 1 notice
and shall give due notice to the parties in interest, the Zoning Administrator,
and the Plan Commission. 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,
Zoning Administrator and Plan Commission.[1]
D.
Action of the Zoning Board of Appeals. For the Board
to grant a variance it must find that:
(1)
Denial of variation may result in hardship to the
property owner due to physiographical considerations. 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 the Zoning Code should be changed.
(2)
The conditions upon which a petition for a variation
is based are unique to the property for which variation is being sought
and that 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 variation is not based exclusively
upon a desire to increase the value or income potential of the property.
(4)
The granting of the variation 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 variation will not undermine the spirit
and general and specific purposes of the Zoning Code.
E.
Conditions. The Zoning Board of Appeals 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. The fees for all appeals shall be established by
resolution of the Village Board.
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 Board.
