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(A) Applications.
(1) An application to the Board, in cases in which it has original jurisdiction under the provisions of this Zoning Code, may be taken by any affected property owner, including a tenant, or by governmental official, department, board, or bureau.
(2) Such application shall be filed with the Building Commissioner who shall transmit the same, together with all plans, specifications, and other papers pertaining to the application, to the Board of Appeals.
(B) Appeals.
(1) An appeal to the Board may be taken up by any affected property owner, including a tenant, or by any governmental official, department, board, or bureau affected by any ruling of the Building Commissioner.
(2) Such appeal shall be taken within a reasonable time, as prescribed by the rules of the Board, by filing with the Building Commissioner and with the Board a notice of appeal specifying the grounds thereof. The Building Commissioner shall forthwith transmit to the Board such notice of appeal, together with all the plans and papers constituting the record on which the action appealed from was taken.
(C) Hearing; decision. The Board shall fix a reasonable time for the hearing of an application or of an appeal. The Board shall serve notices to the applicant or appellant, to the owners of all properties adjoining the lot involved in the application or appeal, and to the Building Commissioner, at least five days before the time when the application or appeal shall be considered by the Board. Any party may appear at such hearings in person or by agent or by attorney. The Board shall decide the application or appeal within a reasonable time.
(D) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Commissioner certifies to the Board of Appeals, after notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order which may, on due cause shown, be made to the Board of Appeals on application, after notice to the Building Commissioner.
('69 Code, § 151.64) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90)
The Board of Appeals shall have jurisdiction in matters, and shall have the specific and general duties and powers set forth in §§ 154.66 through 154.70. Variances may be authorized only for height, area, and size of structure or size of lots, yards and open spaces.
('69 Code, § 151.65) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90)
(A) The Board of Zoning Appeals shall have the power in specific cases to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Code and filed as hereinbefore provided, and to authorize or refuse to authorize a building permit or certificate of occupancy for the special exceptions set forth in this section as follows:
(2) The substitution for a nonconforming use of another nonconforming use which, in the opinion of the Board of Appeals, is of the same or less objectionable nature in respect to its effect on the neighborhood, provided no structural alterations, except such as are required by law or ordinance, are made in any structure.
(3) The extension of a nonconforming use throughout a structure manifestly designed for such use, provided no structural alterations, except such as are required by law or ordinance, are made therein.
(4) The temporary use of a structure or of land for a period of less than 12 months in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structure. A revocable permit for such temporary use may be granted by the Board of Appeals, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
(B) The Village Manager shall have the power in specific cases to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Code and filed as hereinbefore provided, and to authorize or refuse to authorize a building permit or certificate of occupancy for certain special exceptions set forth in this section. The Village Manager may, however, exercise discretion and defer such matters to the Board of Appeals. The matters over which the Village Manager may grant applications are as follows:
(1) The temporary use of a structure or of land for a period of not more than one week in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structures. A revocable permit for such temporary use may be issued by the Village Manager, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
(C) In authorizing a special exception pursuant to this section, the Board or the Village Manager may attach thereto such conditions or requirements, governing the location, character, or other features of the proposed structure or use, and its maintenance, occupancy, or operation as the Board may deem necessary in furtherance of the purpose of this Zoning Code.
('69 Code, § 151.66) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2021-9, passed 8-9-21)
Cross-reference:
(A) The Board of Zoning Appeals shall have the power to hear applications for conditional use permits in accordance with the provisions of this Zoning Code, §§ 154.25(C) and 154.30, and to authorize or refuse to authorize a conditional use permit or to issue a conditional use permit upon conditions which, in the judgement of the Board of Zoning Appeals, are necessary to protect the public health, safety, and general welfare and to carry out the policies contained in this code.
(B) A conditional use permit shall not be granted if the proposed conditional use will interfere with quiet enjoyment of proximate residential uses because of the generation of noise, traffic that is incompatible with the neighborhood in which the conditional use is proposed, or light from the conditional use that will spill onto nearby residential uses.
(Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90)
The Board of Zoning Appeals shall have the power to hear applications for Site Plan Review in accordance with following provisions.
(A) Applicability. This section shall apply to new property development and any expansion of existing structures, except for parking lots of five spaces or smaller. Furthermore, no building shall be erected or structurally altered, except in accordance with the regulations of this section and an approved site plan. No building permit shall be issued prior to the approval of a site plan. This section only applies to property subject to the North Site zoning designation set forth in §§ 154.75 et seq.
(B) Contents of site plan. Before a permit is issued for construction, six copies of the site plan at a scale no smaller than one inch to 50 feet shall be filed with the Building Commissioner setting forth, identifying and locating the following.
(1) The total area in the development.
(2) The existing zoning of the property in question and/or all adjacent properties.
(3) The names, addresses and contact information of all property owners within 200 feet.
(4) All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.
(5) Existing topography with a maximum of two foot contour intervals.
(6) The proposed finished grade of the de-velopment shown by contours not less than one foot.
(7) The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.
(8) Location and dimension of all curb cuts, driving lanes, off street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.
(9) All sidewalks and other open areas.
(10) All existing wooded/vegetated areas and riparian corridors.
(11) Location of all walls, fences, and buffer yards.
(12) Location, size, height, colors, typeset, materials, lighting, and orientation of all signs.
(13) Location of all existing proposed streets, highways and alleys.
(14) All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades and verification of availability from GCWW and MSD.
(15) All existing and proposed storm water facilities as required in § 156.03.
(16) All existing and proposed gas, electric, telephone, catv facilities, both public and private to be incorporated into the development.
(17) The schedule of phasing of the project.
(18) A Soil Erosion and Sediment Control Plan as required in Chapter 153.
(19) A lighting plan including photometric information and proposed style and height of light fixtures.
(20) A landscape plan.
(21) A list of all requested variances from the standards of the Zoning Code.
(22) Such other information as required by the Board to determine the conformance with this Code.
(C) Site plan review guidelines. The following principles shall guide the exercise of site planning review by the Board of Zoning Appeals.
(1) The natural topographic and landscape features of the site shall be incorporated into the plan and the development.
(2) Buildings and open spaces should be in proportion and in scale with existing structures and spaces in the area within 300 feet of the development site.
(3) A site that has an appearance of being congested, overbuilt or cluttered can evolve into a blighting influence and therefore such should not be congested, overbuilt or cluttered.
(4) Open spaces should be linked together.
(5) Natural separation should be preserved or created on the site by careful planning of the streets and clustering of buildings using natural features and open spaces for separation. Existing vegetation removal should be kept to a minimum.
(6) Screening of intensive uses should be provided by utilizing landscaping, fences or walls to enclose internal areas.
(7) Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.
(8) In connection with the siting of new buildings, the location should be oriented to maximize the privacy of any adjacent residential buildings.
(9) Street location and design shall conform to existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets. Flat as possible grades shall be utilized proximate to intersections.
(10) Storm water quality best management practices (BMP) should be incorporated into the site.
(11) Pedestrian circulation in non- residential areas should be arranged so that off-street parking areas are located within a convenient walking distance of the use being served. Pedestrian and vehicular circulation should be separated as much as possible, through crosswalks designated by pavement markings, signalization or complete grade separation.
(12) Path and sidewalk street crossings should be located where there is a good sight distance along the road, preferably away from sharp bends or sudden changes in grade.
(13) Parking lots and garages should be located in such a way as to provide safe, convenient ingress and egress. Whenever possible there should be a sharing of curb cuts for more than one facility. Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break up the monotony of continuously paved areas.
(14) Drive through establishments should be located to allow enough automobile waiting space for peak hour operation without interference with other parking lot circulations or vehicular traffic on adjacent public streets.
(D) Action by the Board of Zoning Appeals for site plan review.
(1) Upon submission of the complete application for site plan review to the Building Commissioner, the application shall be transmitted to the Board of Zoning Appeals, where the Board shall review the site plan pursuant to § 154.662(C), Site Plan Review Guidelines. For applications for site plan review where no variances are requested from the standards of the Zoning Code, no public hearing shall be required in conjunction with the review, the approval, approval with modifications or disapproval of the site plan. Notice of the public meeting shall be given to the applicant, the Building Commissioner, owners of adjoining properties, and owners of all properties that are within 50 feet of any new improvement or structure, at least 14 days prior to the meeting. In the event the lot involved in the application borders a neighboring governmental jurisdiction, notice of the public meeting shall also be provided to the Safety Service Director of the neighboring jurisdiction. The Board may approve, disapprove, or approve with modifications the site plan as submitted. Any approval will be subject to further review by village staff for general permitting purposes.
(2) For applications where variances to the standards of the Zoning Code are requested, a public hearing shall be scheduled by the Board of Zoning Appeals. Notice of the public hearing shall be given in the same manner as set forth in division (D)(1) above. In addition to the guidelines contained in § 154.662(C), the Board shall also consider the standards for variance approval contained in § 154.67. Following the public hearing, the Board may approve, disapprove, or approve with modifications the site plan and requested variances as submitted.
(3) The Board of Zoning Appeals shall act upon all site plans within 35 days after the receipt of the complete application from the Building Commissioner. Within the 35-day period, a majority of the members of the Board present at a meeting thereof may vote to extend the period for a period of time not to exceed an additional 90 days.
(E) Appeal of Board of Zoning appeals decision for site plan review. An appeal can be made to the Village Council regarding a decision by the Board of Zoning Appeals regarding approval of a site plan review. An applicant, or other aggrieved party, may appeal to the Village Council to evaluate the decision of the Board as related to a site plan review application. The Village Council may uphold the decision of the Board, overturn the decision of the Board, or modify the decision of the Board. An affirmative vote of three-fourths of the Village Council is required to overturn or modify the recommendation of the Board of Zoning Appeals.
(Ord. 2012-05, passed 8-13-12; Am. Ord. 2013-06, passed 4-8-13)
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