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(a) The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this Zoning Ordinance. Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(b) The Board shall appoint the Zoning Inspector as their Clerk who shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of Council and shall be a public record. A copy of the decision for each case shall be given to the applicant and the Planning Commission.
(c) Three members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse an order or determination of the Zoning Inspector or to decide in favor of any applicant in any matter over which the Board has original jurisdiction under this Zoning Ordinance or to grant any variance from the requirements stipulated in this Zoning Ordinance.
(Ord. 74-8. Passed 10-3-74; Ord. 2005-07. Passed 8-23-05.)
The Board of Zoning Appeals shall have the following jurisdiction:
(a) Administrative Appeal. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Inspector in the enforcement of this Zoning Ordinance.
(b) Variances.
(1) Variances on lots. To authorize, upon appeal, in specific cases, such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions of the land (i.e. an irregular shaped lot having the required area; a lot of exceptional topography; or an exceptionally narrow, shallow or irregular lot, existing and of record at the time of the passage of this Zoning Ordinance) a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the Zoning District in conformity with this Zoning Ordinance.
(2) Variances on existing buildings and structures. To grant the projection of a building or structure existing at the time of the adoption of this Zoning Ordinance into a required yard to secure an addition to the building or structure and arrangement. Such projection shall not exceed one third of the required depth or width of the required yard. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the Zoning District in conformity with this Zoning Ordinance.
THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT VARIANCES WHICH SHALL IN EFFECT AMEND THE USE PROVISIONS IN THIS ZONING ORDINANCE.
(c) Conditional Use. To grant conditional zoning certificates for the use of land, buildings, or other structures, if such certificate for specific uses are provided for in the Zoning Ordinance.
(Ord. 74-8. Passed 10-3-74.)
(a) Authorization. An appeal from a decision of the Zoning Inspector with respect to the interpretation or application of this Zoning Ordinance may be taken to the Board of Zoning Appeals by any person aggrieved, or his agent, or by any Officer of the Village affected by such decision of the Zoning Inspector.
(b) Notice of Appeal.
(1) Appeals to the Board shall be filed within twenty days after the decision of the Zoning Inspector by filing a written notice of appeal with the Zoning Inspector and with the Board of Zoning Appeals.
(2) The notice of appeal shall specify the grounds for such appeal. Upon receipt of a notice of appeal, the Zoning Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the decision being appealed was based.
(c) Hearing on Appeal.
(1) The Board shall select a reasonable time and place for the hearing of an appeal, which shall be held not less than fifteen nor more than seventy days after receipt of the application; give at least ten days written notice thereof to the owners of property within 300 feet of the applicant's property, as they shall appear on the notice of appeal.
(2) In addition, public notice of such hearings as to the time, place, date, and subject of the hearing, shall be published in a newspaper of general circulation at least ten days prior to the date of the hearing. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.
(d) Decision on Appeals. The Board shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse or modify any decision of the Zoning Inspector under this Resolution. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing, and in all cases within thirty days after the close of the hearing. A copy of the decision and finding of fact shall be sent to the applicant, Council, and the Planning Commission.
(Ord. 74-8. Passed 10-3-74.)
A variance is permission to deviate in a specific manner from the terms of the Zoning Ordinance, where, owing to special conditions of the land itself, a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship, and provided that only deviations from development standards shall be permitted.
(a) Authorization. The Board of Zoning Appeals may authorize variances from the terms of this Ordinance as stated in Section 1183.04
(b) when the Board has made findings of fact, based upon the standards set out in subsection (e) hereof.
(b) Application for Variance. An application for a variance, together with an application for a zoning certificate, shall be filed with the Zoning Inspector, who shall forward without delay a copy of each to the Secretary of the Board. The application shall contain the following:
(1) Description of property and nature of variance.
A. The nature of the variance i.e., including the specific provisions of the Zoning Ordinance from which the variance is requested.
B. A description sufficient to identify the property, including a reference of the volume and page of the last recorded deed.
C. A statement of the special circumstances or conditions applying to the land or structure and not applying generally through the Zoning District.
D. A statement showing that the special conditions and circumstances do not result from the actions of the applicant.
E. A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights.
F. Such other information regarding the appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by three copies of a plot plan drawn to an appropriate scale showing the following:
A. The boundaries and dimensions of the lot.
B. The size and location of existing and proposed structures.
C. The proposed use of all parts of the lot and structures, including accessways, walks, off street parking and loading spaces, and landscaping.
D. The relationship of the requested variance to the standards set by the Zoning Ordinance.
E. The use of land and location of structures on adjacent property.
(c) Information for Planning Commission. For informational purpose, the Zoning Inspector shall file one copy of the application and plot plan with the Planning Commission within three days after the filing of such application by the applicant.
(d) Hearing on Variance. A hearing on the application shall be held by the Board and notice thereof given, as specified under Section 1183.05
(c).
(Ord. 74-8. Passed 10-3-74.)
(e) Standards for Variances. Factors to be weighed in determining whether the property owner has encountered "practical difficulties" warranting area variance include, but are not limited to:
(1) Whether property will yield reasonable return or whether there can be any beneficial use of property without variance.
(2) Whether variance is substantial.
(3) Whether essential character of neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of variance.
(4) Whether variance would adversely affect delivery of governmental services.
(5) Whether property owner purchased property with knowledge of zoning restrictions.
(6) Whether property owner's predicament feasibly can be obviated through some method other than variance.
(7) Whether spirit and intent behind zoning requirement would be observed and substantial justice done by granting variance.
No one of which is conclusive.
(Ord. 2005-07. Passed 8-23-05.)
(f) Conditions and Restrictions. In granting a variance, the Board may impose such conditions, safeguards, and restrictions upon the premises benefited by the variance as may be necessary to comply with the standards set out in subsection (e) hereof to reduce or minimize potentially injurious affects of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of this Zoning Ordinance.
(g) Decision on Variance. The Board shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse or modify any decision of the Zoning Inspector under this Zoning Ordinance. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing, and in all cases within thirty days after the close of the hearing. A copy of the decision and findings of fact shall be sent to the applicant, Council, and the Planning Commission.
(h) Period of Validity. A variance granted by the Board shall terminate at the end of six months from the date on which the Board grants the variance unless, within such six month period, a zoning certificate is obtained.
(Ord. 74-8. Passed 10-3-74.)
(a) Authorization.
(1) Specifically listed Conditional Uses are provided within the Zoning District regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the Permitted Uses of such Zoning District.
(2) The intent of the procedure for authorizing a Conditional Use is to set forth in the development standards criteria for locating and developing a Conditional Use in accordance with the nature of the surrounding area, with conditions of development, and with regard to appropriate plans.
(b) Application for Conditional Use. Any person owning or having an interest in property may file an application to use such property for one or more of the Conditional Uses provided for by this Zoning Ordinance in the Zoning District in which the property is situated. An application for a Conditional Use Certificate shall be filed in duplicate with the Zoning Inspector, who shall forward without delay a copy to the Secretary of the Board.
The application for a Conditional Use shall contain the following:
(1) Description of property and intended use.
A. A description sufficient to identify the property including a reference of the volume and page of the last recorded deed.
B. The proposed use of the property.
C. A statement of the necessity or desirability of the proposed use to the neighborhood or community.
D. A statement of the compatability of the proposed use to adjacent property and land use.
E. Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the application or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by three copies of the plot plan, drawn to an appropriate scale, clearly showing the following:
A. The boundaries and dimensions of the lot.
B. The size and location of existing and proposed structures.
C. The proposed use of all parts of the lot and structures, including accessways, walks, off street parking, loading spaces, and landscaping.
D. The relationship of the proposed development to the development standards in the existing Zoning District.
E. The use of land and location of structures on adjacent property.
(c) Information for Planning Commission. For informational purpose, the Zoning Inspector shall file one copy of the application and plot plan with the Planning Commission within five days after the filing of such application by the applicant.
(d) Hearing on Conditional Use. A hearing on the application shall be held by the Board and notice thereof given, as specified under Section 1183.05
(c).
(e) Standards for Conditional Use. The Board shall not grant a Conditional Use unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it, that support conclusions that:
(1) The proposed Conditional Use will comply with all applicable regulations of this Zoning Ordinance, including lot size requirements, development standards, and use limitations.
(2) Adequate utility, drainage, and other such necessary facilities have been or will be provided.
(3) Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys.
(4) All necessary permits and licenses for the use and operation of the Conditional Use have been obtained, or evidence has been submitted that such permits are obtainable for the proposed Conditional Use on the subject property.
(5) All exterior lights for artificial open-air illumination are so shaded as to avoid casting direct light upon any property located in a Residential District.
(6) The location and size of the Conditional Use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(7) The location, nature, and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use, and enjoyment of adjacent land, buildings, and structures.
(8) The Conditional Use desired will not adversely affect the public health, safety, and morals.
(f) Conditions and Restrictions. In granting a Conditional Certificate, the Board may impose such conditions, safeguards, and restrictions upon the premises benefited by the Conditional Use as may be necessary to comply with the standards set out in this section to reduce or minimize potentially injurious affects of such Conditional Uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Resolution.
(g) Period of Validity.
(1) A Conditional Use Certificate granted by the Board shall terminate at the end of one year from the date on which the Board grants the Conditional Use, unless within the one year period a building permit is obtained and the erection or alteration of a structure is started.
(2) The Conditional Use Certificate will suffice as the Zoning Certificate required by Section 1181.02
.
(Ord. 74-8. Passed 10-3-74.)