(a) Generally.
(1) The planning board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning official in the enforcement of this chapter. The board may, so long as such action is in conformity with the terms of this chapter, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination and to that end shall have the powers of the zoning official from whom appeal is taken.
(2) The planning board shall authorize in specific cases 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 undue hardship, so that the spirit of this chapter shall be observed and substantial justice done.
(b) Appeals.
(1) An appeal from the decision of the zoning official may be taken to the planning board by any person, firm, or corporation with an ownership, leasehold or other property interest in the property that is subject of the decision being appealed, an option or contract to purchase the property that is the subject of the decision being appealed, or by any officer or department of the village. Such appeal shall be taken within 30 days after the decision by the zoning official, by filing with the village clerk and with the planning board a notice of appeal, specifying the grounds thereof. Any other person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal.
(2) An appeal stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal and any subsequent civil actions, unless the zoning official certifies to the board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the this chapter, in which case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record to whom an appeal has been made. If enforcement proceedings are not stayed, the appellant may file with the zoning official a request for an expedited hearing of the appeal, and the planning board shall meet to hear the appeal within 15 days after the request is filed.
(3) When hearing an appeal, the planning board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The planning board shall have all the powers of the official who made the decision.
(c) Variances.
(1) Public hearing and certain conditions required. In order to grant a variance, the planning board must conduct an evidentiary public hearing and find the following conditions to be met:
a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in questions because of its size, shape, or topography that are not applicable to other lands or structures in that same district;
b. Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the zoning districts in which the property is located;
c. A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other residents of the zoning district in which the property is located;
d. The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare;
e. The special circumstances are not the result of the actions of the applicant; and
f. The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.
g. Where applicable, the planning board may also consider whether granting a variance is necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
(2) Evaluation of impact of grant. In considering all proposed variances from this chapter, the planning board shall, before making any finding in a specified case, first determine that the proposed variance will not constitute any change in the zone shown on the zoning map and will not impair an adequate supply of light and air to adjacent property, or materially increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals and general welfare.
(3) No variance for prohibited uses. No permitted use of land in other districts shall be considered grounds for the issuance of a variance. Under no circumstances shall the planning board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any expressly or by implication prohibited by the terms of this chapter in the district.
(4) Attachment of conditions. In granting a variance the planning board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purposes of this chapter. In order for such conditions to be effective the applicant or landowner must consent to the same in writing. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under sections 32-61 through 32-65 of this chapter.
(Ord. No. 29, § 6.4, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)