Recommended action regarding Appeals, Variances/Exceptions and Conditional Uses in the proper order.
(a) Applicant files correct form along with applicable fee with the Zoning Commissioner. For purposes of this subsection, the applicant shall pay the necessary fees to the Fiscal Officer, and submit the completed form to either the Fiscal Officer or to the Zoning Inspector personally. An application which is submitted to the Fiscal Officer shall then be faxed or sent electronically to the Zoning Commissioner on receipt by the Fiscal Officer.
(b) Zoning Commissioner transmits all relevant information to the Board of Zoning Appeals.
(c) The Board of Zoning Appeals schedules a public hearing within twenty days of filing of appeal.
(d) Written notice shall be sent at least ten days before the hearing to all parties affected by the Fiscal Officer.
(e) Notice shall be published in a newspaper of general circulation at least ten days before the hearing.
(f) The Board of Zoning Appeals holds public hearing; hearing may be recessed and continued if necessary, by public announcement at the hearing.
(g) The Board of Zoning Appeals shall render a decision within twenty days of hearing.
(h) In the event either party to the appeal is not in agreement with the "Board" decision, they may file a further appeal, in writing to Council, with the Fiscal Officer.
(i) Council shall schedule a public hearing within twenty days of receipt of appeal. Council shall render their decision within twenty days of the public hearing.
(j) In the event either party to the appeal is not in agreement of the Council's decision, they may pursue further appeal to the court system. Any notices to the Village which may be legally required shall be filed with the Fiscal Officer.
(k) A stay of all proceedings shall be in effect during the appeal process thru subsection (j) hereof. However, a further stay shall only be granted by a court order, of the appeal proceeds to subsection (k) hereof.
(l) No order of the Board of Zoning Appeals granting a variance shall be valid for a period longer than twelve months from the date of such order unless the building permit or zoning approval is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period.
(m) Variances from the regulations of this Zoning Ordinance shall not be granted unless the Board makes specific findings of fact, based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed in Section 1104.07(e), if applicable, have been met by the applicant. Variances may be granted as guided by the following:
(1) To permit any yard or setback less than yard or setback required by the applicable regulations.
(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but generally the respective area and width of the lot or lots should not be less than eighty percent (80%) of the required area and width.
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.
(4) To reduce the applicable off-street parking or loading facilities require, but generally by not more than thirty percent (30%) of the required facilities.
(5) To allow for the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance.
(6) To increase the maximum distance that required parking spaces are permitted to be located from the use served, but generally not more than forty percent (40%).
(7) To increase the maximum allowable size or area of signs on a lot, but generally by not more than twenty-five percent (25 %).
(8) To increase the maximum gross floor area of any use so limited by the applicable regulations, but generally not more than twenty-five percent (25%).
(Ord. 2015-09. Passed 7-13-15.)