(A) In exercising its powers, the Board, in conformity with the provisions of statute and this chapter, may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as in its judgment ought to be made, and to that end shall have all powers of the office from which the appeal is taken. The Board shall have and shall be limited strictly to the powers and duties prescribed by law and by this chapter. Appeals from the decision of the Board of Appeals may be heard by a court of law.
(B) Upon appeal from a decision by the Zoning Administrator, the Board shall have the power to decide any question involving the interpretation of the zoning text or map, as follows:
(1) In case there is a question as to the intended meaning of any provision of the Zoning text, the Board may interpret its meaning as it applies to a particular property. Before reaching a decision in response to any request, the Board may obtain the opinion of the Village Solicitor thereon.
(2) 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 of public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter for the particular section or district in question. In case of any question as to the location of any boundary line between zoning districts, an application for interpretation of the zoning map may be made to the Board, and a determination shall be made by the Board by following the procedure established in § 152.59.
(C) The Board may hear and decide, in accordance with the provisions of this chapter, appeals from the Planning Commission for applications for conditionally permitted uses. In considering an application for a conditional use, the Board shall give due regard to the nature and condition of all adjacent uses and structures and the consistence therewith of the proposed use and development. Before authorizing a use as a conditional use, the Board shall determine whether the proposed exception or use would be hazardous, harmful, noxious, offensive, or a nuisance to the surrounding neighborhood by reason of noise, smoke, odor, vibration, dust and dirt, cinders, noxious gases, glare and heat, fire and safety hazards, sewage wastes and pollution, transportation and traffic, aesthetic and psychological effects. Upon authorizing a conditional use, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular conditional use, as the Board may deem necessary for the protection of adjacent properties and public interest.
(D) The Board shall have the power to authorize upon appeal from the Planning Commission, such variances from the provisions or requirements of this chapter as will not be contrary to the public interest, whereby strict application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved, but in no other case. No variance from the strict application of any provision of this chapter shall be granted by the Board unless it finds, beyond reasonable doubt, that all the following facts and conditions exist.
(1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, buildings, or structures within the same district.
(2) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
(4) That granting the variance requested will not confer on the applicant any special privilege which is denied by this chapter to other lands, structures, or buildings in the same district.
(5) That granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(E) In no case, shall the Board of Appeals approve a variance for a use which is not a permitted use in the district in which the property, building, or structure is located.
(Ord. 1969-11-22, passed 11- -69)