A.
Scope of appeals. Appeals to the 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 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 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 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 certified to the 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 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 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 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 application for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Village Board has made an advisory review and recommendation.
(4)
Substitutions. To hear and grant applications for substitution of
more restrictive nonconforming uses for existing nonconforming uses,
provided 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 Board of Zoning 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, modify the
requirements appealed from and may issue or direct the issue of a
permit.
The Board of Appeals shall fix a reasonable time for the hearing,
cause a Class 1 notice thereof to be published in the official newspaper
not less than seven days prior thereto, 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 records of all land within 100 feet of any part
of the subject building or premises involved in the appeal.
A.
Time frame. The 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 chapter
would cause him/her 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 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 purposes of this section, the property owner bears the burden
of proving "unnecessary hardship," as that term is used herein, for
an area variance, by demonstrating that strict compliance with this
Zoning Code would unreasonably prevent the property owner from using
the property owner's property for a permitted purpose or would render
conformity with this Zoning Code unnecessarily burdensome. In all
circumstances, the property owner bears the burden of proving that
the unnecessary hardship is based on conditions unique to the property,
rather than considerations personal to the property owner, and that
the unnecessary hardship was not created by the property owner.
[Amended 5-29-2018]
B.
Application for variance. The application for a 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.
(6)
Fee receipt in the amount as determined by the Village Board.
C.
Public hearing of application. The 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 of Appeals 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 of Appeals to grant an area variance,
it must find all of the following:
(1)
Unless the variance is granted, there will be an "unnecessary
hardship," as that term is used herein, in that strict compliance
with this Zoning Code would unreasonably prevent the property owner
from using the property for a permitted purpose or would render conformity
with this Zoning Code unnecessarily burdensome. The unnecessary hardship
is based on conditions unique to the property, rather than considerations
personal to the property owner, and that the unnecessary hardship
was not created by the property owner.
(2)
Granting the variance 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 practical difficulty or unnecessary
hardship, and that the spirit of the Zoning Code shall be observed,
public safety and welfare secured, and substantial justice done.
E.
Conditions. The Board of Appeals 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 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 offices of the Board
of Appeals.
