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(A) The Board of Zoning Appeals shall hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative officer charged with the enforcement of this chapter.
(B) The concurring vote of four members of the Board of Zoning Appeals is required to reverse any order, requirement, decision, or determination made by the administrative official charged with the enforcement of this chapter.
(Ord. 07-O-01, passed - -2007)
The regulations imposed and the districts created under this chapter may be amended from time to time by ordinance after the ordinance establishing them has gone into effect.
(A) No such amendment shall be made unless the Board of Zoning Appeals has conducted a public hearing on the proposed amendment. At the public hearing a written protest, signed by the following property owners, may be filed:
(1) Owners of 20% or more of the land with frontage on the same block as, or frontage on the alley in the same block across from, or frontage on the block across from the proposed amendment; and
(2) Owners of 20% or more of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across the valley therefrom, or by the owners of 20% of the frontage directly opposite of the frontage proposed to be amended.
(B) Notice of the public hearing shall be made not less than 15 days or more than 30 days prior to the date of the public hearing. Such notice shall include the date, time, place, and purpose of the hearing and shall be placed at least once in a newspaper of general circulation within the village.
(C) The Board of Zoning Appeals shall submit to the Board of Trustees an accurate and complete written report stating the arguments and discussions presented by all present at the public hearing. This report shall be adopted by a majority vote of those members of the Board of Zoning Appeals in attendance at the public hearing.
(D) The Board of Trustees may adopt the amendment to the ordinance by a two-thirds’ majority vote of all Trustees.
(E) Notice of a change to the zoning book shall be made to the public not more than 30 days after being adopted by the Village Board of Trustees. Such notice shall be placed at least once in a newspaper of general circulation within the village.
(Ord. 07-O-01, passed - -2007)
(A) Flow chart for a zoning use permit.
(1) Application:
(a) Obtain zoning use permit application from Village Clerk;
(c) Submit application to the Village Clerk for forwarding to the Building Commissioner for review.
(2) Building Commissioner:
(a) Review application for compliance with the provisions of this chapter;
(b) Approve or disapprove the application; and
(c) Return application to the Village Clerk for completion of permit.
(3) Applicant:
(a) Post approved zoning use permit on the premises for which it was issued; and
(b) If the application is disapproved, it may be resubmitted at any time.
(B) Flow chart for a special use permit.
(1) Application:
(a) Obtain application from Village Clerk;
(b) Complete application subject to the provisions of § 155.106 of this chapter; and
(c) Submit application to the Building Commissioner for review and forwarding to the Board of Zoning Appeals.
(2) Board of Zoning Appeals:
(a) The Board of Zoning Appeals shall schedule a public hearing to review the application;
(b) The Board of Zoning Appeals shall make a “finding of fact” in accordance with the provisions of § 155.108 of this chapter; and
(c) The Board of Zoning Appeals shall forward the “finding of fact” to the Board of Trustees.
(3) Board of Trustees:
(a) The Board of Trustees’ action on the special use permit may take two forms:
1. The special use permit may be approved or disapproved by the Board of Trustees by a majority vote of all members of the Board of Trustees; and/or
2. If the special use permit is approved or disapproved contrary to the Board of Appeals’ recommendation, then this must be done by a two-thirds’ majority vote of the members of the Board of Trustees.
(b) If the special use permit is approved, it becomes effective immediately; and
(c) If the special use permit is disapproved, the applicant can reapply after a period of one year has elapsed.
(C) Flow chart for home occupation permit no special use permit required.
(1) Application:
(a) Obtain home occupation permit application from Village Clerk;
(c) Submit application to village clerk for forwarding to the Zoning Board of Appeals for review.
(2) Zoning Board of Appeals:
(a) Review application for compliance with the provisions of this chapter;
(b) Approve or disapprove the application; and
(c) Return application to the Village Clerk for completion of permit.
(3) Applicant:
(a) Post approved home occupation permit on the premises for which it was issued; and
(b) If the application is disapproved, it may be resubmitted at any time.
(D) Flow chart for home occupation permit when special use permit is required.
(1) Application:
(a) Obtain home occupation permit application from Village Clerk;
(c) Submit application to village clerk for forwarding to the Zoning Board of Appeals for review.
(2) Zoning Board of Appeals:
(a) The Zoning Board of Appeals shall schedule a public hearing to review the application;
(b) The Zoning board of appeals shall make a “finding of fact” in accordance with provisions of § 155.108 of this chapter; and
(c) The Zoning Board of Appeals shall forward the “finding of fact” to the Board of Trustees.
(3) Board of Trustees:
(a) The Board of Trustees action on the home occupation permit may take two forms:
1. The home occupation permit may be approved or disapproved by the Board of Trustees by a majority vote of all members of the Board of Trustees; and/or
2. If the home occupation permit is approved or disapproved contrary to the Board of Appeals recommendation, then this must be done by a two-thirds’ majority vote of the members of the Board of Trustees.
(b) If the home occupation permit is approved, it becomes effective immediately.
(4) Applicant:
(a) Post approved home occupation permit on the premises for which it was issued; and
(b) If the application is disapproved, it may be resubmitted at any time.
(E) Flow chart for a zoning variance.
(1) Application:
(a) Obtain application from Village Clerk;
(b) Complete application subject to the provisions of § 155.143 of this chapter; and
(c) Submit application to the Village Clerk to be forwarded to the Board of Zoning Appeals.
(2) Board of Zoning Appeals:
(a) The Board of Zoning Appeals shall schedule a public hearing to review the application;
(b) The Board of Zoning Appeals shall make a “finding of fact” in accordance with the provisions of § 155.108 of this chapter;
(c) The Board of Zoning Appeals shall adopt the “finding of fact” by a majority vote; and
(d) The Board of Zoning Appeals shall then forward the adopted “finding of fact” to the Board of Trustees.
(3) Board of Trustees:
(a) The Board of Trustees’ action on the variance may take two forms:
1. The variance may be approved or disapproved by the Board of Trustees following a Board of Appeals’ recommendation. An approval of a variance must be by four members of the Board of Trustees; and/or
2. If the variance is approved or disapproved contrary to the Board of Appeals’ recommendation, then this must be done by a two-thirds’ majority vote of the members of the Board of Trustees.
(b) If the variance is approved, it becomes effective immediately; and
(c) If the variance is disapproved, the applicant can reapply at any time.
(F) Flow chart for amendments.
(1) Board of Zoning Appeals:
(a) Submit a proposed amendment to the Board of Zoning Appeals;
(b) The Board of Zoning Appeals shall schedule a public hearing to review the proposed amendment;
(c) The Board of Zoning Appeals shall make a recommendation concerning the proposed amendment;
(d) The Board of Zoning Appeals shall adopt the written report by a majority vote; and
(e) The Board of Zoning Appeals shall then forward the adopted written report as a recommendation to the Board of Trustees. (The written report can be negative or positive.)
(2) Board of Trustees:
(a) The Board of Trustees’ action may take two forms on the proposed amendment:
1. The proposed amendment may be approved or disapproved by the Board of Trustees, if the Board of Zoning Appeals’ recommendation is followed. An approval of a proposed amendment must be by four members of the Board of Trustees; and
2. If the proposed amendment is approved or disapproved contrary to the Board of Zoning Appeals’ recommendation, then this must be done by a two-thirds’ vote of the members of the Board of Trustees.
(b) If the amendment is approved, it becomes effective immediately; and
(c) If the amendment is disapproved, it can be resubmitted at any time.
(Ord. 07-O-01, passed - -2007)
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