The Board of Appeals shall have the following powers and duties:
(A) Administrative Review. To hear and decide appeals where it is allege there is error in any order, requirement, decision or determination made by the officials of the City in the enforcement of this ordinance.
(B) Variances: Conditions Governing Applications; Procedures. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. The non-conforming use of neighboring lands, structures, or buildings in the same district, or permitted or nonconforming use of lands, structures or buildings in other districts shall not be considered grounds for issuance of a variance. A variance from the terms of this ordinance shall not be granted by the Board of Appeals unless and until:
(1) A written application for a variance is submitted, on forms obtained from the City Clerk, demonstrating:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to the other lands, structures, or buildings in the same district.
(b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
(c) That the special conditions and circumstances do not result from the actions of the applicant.
(d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.
(2) Notice shall be given not less than 15 nor more than 30 days in advance of the public hearing. The petitioner, his agent, or attorney shall cause such notice to be given in each of the following ways:
(a) The owner of the property for which the proposed variance is sought, or his agent, shall be notified by mail as to the time, date and place of public hearing, unless said owner is applicant.
(b) Notice of such hearing indicating the date, time and place, the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed variance is sought, and nature of the proposed variance shall be printed in a newspaper of general circulation within Mt. Vernon.
(c) Notice of such hearing indicating the date, time, place the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed variance is sought, and nature of the proposed variance, shall be posted at the City Hall and in a prominent place on the property for which the proposed variance is sought.
(d) The notice required herein to be posted upon the property affected shall be in the following form:
1. The basic form of notice shall be furnished by the City, shall be a metal or other permanent sign with the main panel thereof being not less than 18 inches by 24 inches in bold black or other conspicuous color. Such a sign shall remain the property of the City. The petitioner shall pay to the City in cash or by check a deposit of $50 which shall be refunded after the hearing and after the petitioner shall return the metal sign to the City. In the event the petitioner shall not return the metal sign, then the petitioner shall forfeit the deposit; and in addition, the Zoning Board of Appeals and/or the City Council may delay its final decision upon the application until return of the sign.
2. The notice shall bear the legend, PROPOSED ZONING CHANGE AND/OR CONDITIONAL USE THIS PROPERTY and also shall have printed thereon the words, “FOR INFORMATION PHONE 618/242-5000.” The notice which is published shall be typed and shall further have a plastic cover to protect such a notice from the weather.
3. The notice shall be posted so as to be conspicuous and visible from the road or street nearest the principal structure on the property and if there is no structure, then from the principal road or street adjacent thereto. If the lot is a corner lot or through lot as defined by the Zoning Ordinance of the City of Mt. Vernon, then such a notice shall be posted on each side of the lot facing the street or road. In no event shall the notice be posted more than 10 feet or less than 5 feet from each such street or road.
(e) Proof that each of the notices required herein has been given, shall be provided by the petitioner by delivering an authentic certificate of publication of the notice published in a newspaper of general circulation and providing a certificate of posting and mailing as to the other notices required herein.
(f) Each notice shall use not only the zoning classification by number, but also by common designation for describing the current zoning and also the description of the variance requested.
(3) The public hearing shall be held. Any party may appear in person or by agent or by attorney.
(4) The Board of Appeals shall make findings that the requirements of subsection (B)(1) of this ordinance have been met by the applicant for a variance.
(5) The Board of Appeals shall further make a finding that the reason set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
(6) The Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(C) Special Conditions for Variance.
(1) In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Chapter 10 of the Revised Code of Ordinances.
(2) Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.
(D) Board Has Power of Administrative Official on Appeals.
(1) In exercising the above mentioned powers the Board of Appeals may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may modify the order, requirement, decision, or determination as ought to be appealed and to that end shall have the powers of the administrative official from whom the appeal is taken.
(2) The concurring vote of five members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass this ordinance, or to effect any variation in the application of this ordinance.
(Prior Code, Art. 21, § 21-112)