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 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 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 appeals 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 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 bear and decide application for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Village Board 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 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 notice thereof to be published in the official newspaper or
legally posted 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 of 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 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 this chapter as will not be contrary
to the public interest, where owing to special conditions a literal
enforcement of the provisions of this chapter will result in unnecessary
hardship and so that the spirit of this chapter 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 that 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 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 variation. 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 or legally posted, 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 a variance,
it must find that:
(1)
Denial of variation may result in hardship to the property owner
due to physiographical consideration. 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 chapter 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 this chapter.
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.
