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Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Zoning Inspector. The application for an appeal or variance may be obtained from the Zoning Inspector, or from the Village Fiscal Officer, and shall contain the information specified in Appendix A. The application shall be filed in triplicate with the Zoning Inspector. The Zoning Inspector shall forward a copy of the application to the Planning and Zoning Board within five (5) working days from receipt of the completed application.
In granting any appeal or variance, the Planning and Zoning Board may prescribe appropriate and reasonable conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 1121.99
of this Ordinance. Under no circumstances shall the Planning and Zoning Board grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
Before holding the public hearing pursuant to Section 1117.05
, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
Before holding the public hearing pursuant to Section 1117.05, written notice of such hearing shall be mailed by the Village Fiscal Officer, by first-class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified in Section 1117.06. Parties of interest shall include at a minimum, owners and occupants of property within 200 feet from, contiguous to, and directly across the street from the property being considered. Failure of delivery of such notice shall not invalidate the actions of the Planning and Zoning Board.
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