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It is the purpose of this Section to establish procedures and requirements for the hearing of appeals and variances. As is specified in Section 1133.03, the Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances.
(a) Appeals. Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Regulation may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed was taken.
(b) Stay of Proceedings. An appeals stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(c) Variance. The Board of Zoning Appeals may authorize, upon appeal in specific cases, such variance from the terms of this Regulation as will not be contrary to the public interest or the intent of this Regulation, but only where strict interpretation would result in unnecessary hardship. No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non- conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
(d) Application. A variance from the terms of this Regulation shall not be granted by the Board of Zoning Appeals unless the applicant has provided sufficient evidence to warrant the granting of a variance, and a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing, at a minimum, the following information:
(1) Name, address, and telephone number of applicant;
(2) Legal description of the property;
(3) Description and nature of variance requested;
(4) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
B. That a literal interpretation of the provisions of this Regulation would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Regulation.
C. That special conditions and circumstances do not result from the actions of the applicant.
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Regulation to other lands, structures, or buildings in the same district.
E. That an economic hardship, requesting a more intensive use of the property than would normally be permitted, is not the only nor the primary factor for requesting the variance; and
(5) A fee as established by the Village Council.
(e) Granting of Variances. The burden of proof for granting a variance, shall rest with applicant. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with the Regulation. Violation of such conditions and safeguards, when made part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Regulation and punishable under Section 1137.06. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Regulation in the district involved, or any use expressly or by implication prohibited by the terms of this Regulation in said district.
(f) Processing Appeals and Variances. The Board of Zoning Appeals shall hold a public hearing within twenty (20) days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
Before holding the required public hearing, notice of such hearing shall be given in one or more newspapers of general circulation within 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 required public hearing, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers.
All costs resulting from additional services requested by applicant for the purpose of processing an appeal and/or variance shall be paid by applicant.
(Ord. 2022-04. Passed 3-14-22.)