(A) Appeals.
(1) Appeals to the Commission concerning the interpretation or administration of this Zoning Code may be taken by any person aggrieved or by an officer or bureau of Council affected by any decision made by the Zoning Inspector. Such appeal shall be taken within ten days by filing with the Zoning Inspector and with the Commission, a notice of appeal.
(2) An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector certifies to the Commission, after the notice of appeal has been filed with him or her, that an emergency exists and that the emergency requires that such proceedings not be stayed, in which case the proceedings shall not be stayed otherwise than by a restraining order issued by a court of record upon application therefor, with notice to the Zoning Inspector, upon due cause being shown therefor.
(B) Variances generally.
(1) The Commission may authorize, upon appeal in specific cases, variances from the terms of this Zoning Code when it is alleged that practical difficulties or particular hardships, not intended or not common to other owners of property in the vicinity, will be suffered by the applicant if the strict letter of this Zoning Code is carried out, provided that it is determined that such variance will not be contrary to the public interest.
(2) The following standards shall prevail when considering an application for a variance.
(a) The applicant’s supposed hardship cannot be one of economics alone. For instance, a variance shall not be granted to allow construction of a service station in order that the property owner can sell the land for a higher price that he or she could get with the existing residential zoning.
(b) The hardship must result from circumstances affecting a particular and unique piece of property and not from a general condition throughout the neighborhood.
(c) A variance must not alter the essential character of the neighborhood.
(d) A hardship must not be contrary to the public interest even if a hardship can be established.
(e) A variance must not be contrary to the public interest even if a hardship can be established.
(C) Applications and standards for variances.
(1) A variance from the terms of this Zoning Code shall not be granted by the Commission unless and until a written application for the same is submitted to the Zoning Inspector and the Commission containing:
(a) The name, address, and telephone number of the applicant;
(b) A legal description of the property;
(c) A description of the nature of the variance requested;
(d) A narrative statement demonstrating that the requested variance conforms to the following standards:
1. 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 districts;
2. A literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Code; and
3. Special conditions and circumstances do not result from the actions of the applicant.
(e) A list of the names and mailing addresses of all property owners within a distance of 200 feet from the lot lines, streets and alleys included, of the lot for which the variance is proposed; and
(f) A vicinity map to scale showing the property lines, buildings, and other such items as the Zoning Inspector may require.
(2) A variance shall not be granted unless the Commission makes specific findings of fact based directly on the particular evidence presented to it, which findings support conclusions that the standards and conditions imposed have been met by the applicant.
(D) Public hearing and notice by the Planning Commission.
(1) The Commission shall fix a reasonable time for the hearing of the variance or appeal, give due notice thereof to the parties, and decide the same within a reasonable time.
(2) The Zoning Inspector shall give at least 15 days’ notice of the time and place of such hearing, published in a newspaper of general circulation in the village and describing the particular location and the proposed purposes of the variance or appeal. Such notice shall also be given to all property owners within a distance of 200 feet, streets and alleys included, of the lot for which the variance is proposed.
(E) Action by Planning Commission. The concurring vote of a majority of the Commission shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Inspector or to decide in favor of the applicant any matter upon which it is required to pass under this Zoning Code.
(Prior Code, § 1264.04) (Ord. 79-15, passed 11-12-1979; Ord. 2000-5, passed 5-8-2000)