A Board of Appeals is hereby created. Said Board
shall consist of five 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
Code Enforcement Officer(s), 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. To issue special permits for any
of the uses for which this chapter requires the obtaining of such
permits from the Board of Appeals.
(1)
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.
C.
Use variances. On appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, to grant use variances as defined herein.IN FNOTEEditor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(1)
No such use variance shall be granted by the Board
of Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship, the applicant shall demonstrate
to the Board of Appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
(a)
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence.
(b)
That the alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood.
(c)
That the requested use variance, if granted,
will not alter the essential character of the neighborhood.
(d)
That the alleged hardship has not been self-created.
(2)
The Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proved by the applicant
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
D.
Area variances. Upon an appeal from a decision or
determination of the administrative official charged with the enforcement
of this chapter, to grant area variances as defined herein.[3]
(1)
In making its determination, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant if the
variance is granted as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In making such determination the Board shall also consider:
(a)
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance.
(b)
Whether the benefit sought by the applicant
can be achieved by some method feasible for the applicant to pursue
other than an area variance.
(c)
Whether the requested area variance is substantial.
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district.
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
(2)
The Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
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 the law 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.[1]
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 by case number under one
or another of the following headings: "Interpretations," "Special
Permits" or "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.
