(a) Appeals. The Board of Zoning Appeals shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the Zoning Inspector in the enforcement of this Zoning Code.
There shall be a fee of five dollars ($5.00) for any appeal of actions by the Zoning Inspector. If such appeal is won by the applicant, the fee for the required zoning permit which must be obtained after winning any appeal shall be waived, and the zoning permit shall be issued by the Zoning Inspector.
Appeals to the Board of Zoning Appeals may be taken by any person, firm or corporation, or by any officer or board of the Village, deeming himself, herself or itself to be adversely affected by a decision of the Zoning Inspector respecting the interpretation of this Zoning Code. Appeals shall be made no later than thirty calendar days after the date of the grievance.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector whose decision is appealed from shall certify to the Board of Zoning Appeals, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause "imminent" peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Board of Zoning Appeals or by a court having lawful jurisdiction.
The Board of Zoning Appeals shall make a decision on the appeals within ten days after the public hearing, unless additional time is necessary because of unusual circumstances. At the hearing any party may appear in person or by attorney.
(b) Variances. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Zoning Code, the Board of Appeals shall have the power in passing an appeal to vary or modify any of the provisions of this Zoning Code, except granting uses or structures which are not permitted or conditionally permitted in the district in question, so that the spirit of this Zoning Code shall be observed, public safety secured, and substantial justice done.
In every instance of granting a variance by the Board of Zoning Appeals, there must be a showing by the Board that one of the following applies:
(1) The strict application of the provisions of this Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and the intent of this Zoning Code.
(2) There are exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other properties or uses in the same zoning district or neighborhood.
(3) The granting of such variance will not be substantial detriment to the public interest or to the property or improvements in the district in which the variance is sought, and will not materially impair the purpose or intent of this Zoning Code.
In addition, the Board of Zoning Appeals may permit such modification of the yard or lot area or width regulation as may be necessary to secure the appropriate improvement or a parcel of land that is too small to be appropriately improved without such modification, provided the parcel was separately owned at the time of passage of this Zoning Code or is adjacent to buildings that do not conform to the general restrictions applicable to their location.
In granting a variance, the Board of Zoning Appeals may impose such conditions as it may deem necessary to protect the public health, safety, or welfare and to further the purpose and intent of this Zoning Code. These conditions shall be made a part of and attached to the required zoning permit.
The fee for a variance shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any variance shall be waived, and the zoning permit issued by the Zoning Inspector.
(c) Conditional Uses. The Board of Zoning Appeals shall hear and determine all conditional uses that are specifically listed within the various districts. Conditional uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of such districts. Since this is the case the Board of Zoning Appeals shall approve an application for a conditional use only when the following conditions are met:
(1) The conditional use is specifically listed or interpreted as listed in the district in question.
(2) The conditional use is in general accord with any adopted Village plans.
(3) The proposed development will be in keeping with the existing land use character and physical development potential of the area and will not have undesirable effects on the surrounding area.
In granting a conditional use the Board of Zoning Appeals may impose such conditions as it may deem necessary to protect the public health, safety, or welfare and to further the purpose and intent of this Zoning Code.
The fee for a conditional use shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any conditional use shall be waived, and the zoning permit issued by the Zoning Inspector.
(d) Exceptions. The Board of Zoning Appeals shall have the authority to grant exceptions. An exception is a use permitted only after review of an application by the Board of Zoning Appeals, such review being necessary because the provisions of this Zoning Code covering conditions, precedent or subsequent, are not precise enough or are too general to cover all applications without interpretation of the Board of Zoning Appeals. In granting an exception, the Board may impose such conditions as it may deem necessary to protect the public health, safety, or welfare and to further the purpose and intent of this Zoning Code. The Board shall not, however, have the right to change the intent of this Zoning Code by permitting any use that cannot be reasonably interpreted as intended in the district in question.
The fee for an exception shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any exception shall be waived, and the zoning permit issued by the Zoning Inspector.
(e) Interpretation of Zoning Map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code. No fee shall be charged for an interpretation of the Zoning Map.
(f) Nonconforming Uses. The Board shall have the power to permit changes and extensions of nonconforming uses as follows:
(1) A nonconforming use of a less objectionable nature may be substituted for an existing nonconforming use.
(2) An existing, legal nonconforming use which occupies only a portion of an existing structure or premises may be extended throughout such structure or premises.
(3) The alteration or reconstruction of a nonconforming use or building may be permitted, provided that such will make the nonconforming use substantially more in character with its surroundings.
(4) The extension of a nonconforming use may be permitted when such extension will substantially make the nonconforming use more in character with its surroundings. Such extensions shall not be greater than fifty percent of the size of the nonconforming use that existed at the time of passage of this Zoning Code.
The Board may impose such requirements and conditions as it may deem necessary for the protection of adjacent properties and the public interests. The fee for a nonconforming use change shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any nonconforming use change shall be waived, and the zoning permit issued by the Zoning Inspector.
(g) Temporary Uses. The temporary use of a building or premises, such as a house trailer or construction office, in any district for a purpose or use that does not conform to the regulations prescribed by this Zoning Code for the district in which it is located, may be granted when determined justifiable by the Board of Zoning Appeals. Portable toilets for construction and other such small structures shall not require a temporary use approval by the board.
Such temporary use shall be granted in the form of a temporary and revocable permit for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare.
The fee for a temporary use shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any temporary use shall be waived, and the zoning permit issued by the Zoning Inspector.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)