(a) Appeals Generally. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved by any decision of the Building Inspector. Such an appeal shall be taken within twenty (20) days after the decision by filing a notice of appeal with the Building Inspector's office specifying the grounds thereof. All appeals and applications made to the Board of Zoning Appeals shall be in writing and on forms provided and shall be accompanied by such fee as may be set by Village Council. The Building Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record regarding the action being appealed. Every appeal or application shall refer to the specific provision of this Zoning Code that is the subject of the variance, appeal or determination, and shall set forth the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted as the case may be.
(b) Action and Reapplication. The Board shall decide each appeal within a reasonable period of time after it is submitted. No variance or appeal which is disapproved by the Board of Zoning Appeals shall be resubmitted for substantially the same request on the subject property for a minimum period of at least one (1) year from the effective date of the action by the Board of Zoning Appeals.
(c) Notice and Hearing. Upon receipt of a completed application for an appeal or a variance, the Building Inspector shall transmit said application to the Chairperson of the Board of Zoning Appeals, who shall fix a reasonable time for a public hearing to consider the application. Notice of the hearing shall be made by either first class mail or via email to the applicant and the owner of the land and to all abutting property owners not less than ten (10) days prior to the hearing, excluding the day of mailing and including the day of the hearing.
(d) Testimony. At the public hearing, any person may appear in person or by attorney and shall have the opportunity to give testimony under oath.
(e) Area Variances. Where the appeal requests an area variance, that is, a variance involving provisions relating to yard dimensions, setback, height, or similar spatial or dimensional requirements, then the following standards shall be considered and weighed in determining whether the grant of a variance is warranted to afford relief of practical difficulties:
(1) Whether the property in question will yield a reasonable return and whether there can be any beneficial use of the property without the variance. Increased cost only shall not be the basis for a variance.
(2) Whether the variance is substantial.
(3) Whether the essential character of the neighborhood will be substantially altered and whether adjoining properties will suffer a detriment as a result of the variance.
(4) Whether the variance will adversely affect the delivery of governmental services.
(5) Whether the property owner purchased the property with knowledge of the zoning restriction.
(6) Whether the property owner's predicament can be obviated through some method other than a variance.
(7) Whether the spirit and intent of the Zoning Code will be observed and substantial justice done by granting the variance.
(8) Whether granting of the variance will be contrary to the general purpose, intent, and objective of the specific use district.
(9) Whether the variance requested arises from a condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity.
(10) Whether the practical difficulty is created by the Zoning Code and not by any action or actions of the property owner or the applicant.
(11) Whether the variance desired will adversely affect the public health, safety, or general welfare.
(12) Whether the variance requested is the minimum variance necessary to afford relief to the property owner.
(13) If there are deed restrictions, whether such restrictions have been released and whether the applicant has established the right to request the variance being sought.
(f) Issuance. A variance shall not be granted unless the Board of Zoning Appeals makes a determination that the criteria contained herein are satisfactorily addressed by the evidence presented by the applicant to establish that a practical difficulty or unnecessary hardship exists and that the granting of a variance will preserve the spirit and intent of this Zoning Code and that substantial justice will be done.
(g) Conditions and Safeguards. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code, which shall become stipulations of the variance or appeal. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Code.
(Ord. 2023-6. Passed 6-15-23.)