A. Except as provided in Section 5-9-5
of this Chapter, an application for a variation of the regulations of this zoning title or a petition for an appeal from a decision of the zoning enforcement officer made pursuant to this title shall be made by the property owner and by other interested parties to the zoning board of appeals on a form provided by the village, and shall be accompanied by such fees and/or deposit as required by the village. Such application or petition shall be made in writing stating the grounds for such appeal or the nature of the variation requested and the cause for the variation, including those exception conditions peculiar to the petitioner's property or its environment which, in his opinion, cause the strict application of the regulations of this zoning title to result in practical difficulties and particular hardship.
B. The zoning board of appeals shall consider the case at a public hearing, not less than fifteen (15) days' notice of which shall have been given as prescribed by statute, and shall determine whether or not the facts are such as to justify an appeal or to warrant a variation from this zoning title. If the zoning board of appeals determines, by a concurring vote of not less than four (4) members, that practical difficulties and particular hardships do in fact exist, and that the proposed variation or some modification of it will not:
1. Reduce or increase unreasonably the minimum or maximum areas or dimensions;
2. Impair an adequate supply of light and air to adjacent property;
3. Increase the congestion in public streets unreasonably;
4. Increase the hazard of fire;
5. Create an adverse drainage condition on any adjacent property;
6. Endanger the public health or safety;
7. Diminish or impair the values of property within the surrounding area;
8. Or, in any other respect, impair the public health, safety, comfort, morals and welfare of the people; it shall submit such findings and a recommendation that the board of trustees grant the variation; otherwise the zoning board of appeals may recommend denial of the application. Any proposed variation or appeal which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of four (4) members of the board of trustees. The corporate authorities shall consider the recommendation and shall make the final decision. No variation or appeal shall be granted except by ordinance.
C. No new application for a zoning variation or petition for an appeal by the same party and for the same property for the same variation or for one substantially similar to any application or petition which has previously been denied by the board of trustees within the preceding twelve (12) months shall be the subject of a hearing before the zoning board of appeals, unless the board of trustees first expressly finds that new facts exist which were not previously existing at the time of the hearing on the earlier application or petition.
(Ord. 2007-846, 3-13-2007; amd. Ord. 23-1029, - -2023)