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(a) The Board of Zoning Appeals shall adopt rules necessary to conduct its affairs in keeping with the provisions of this Zoning Code. At the first meeting during the calendar year, the Board shall elect one of its members Chairperson. Meetings shall be held at the call of the Chairperson or at such time as the Board may determine. All meetings shall be open to the public. The Board shall keep a complete record of all its examinations and official actions and of the votes of each member. All minutes of the Board meetings shall be a part of the public record on file at the Village Hall. A quorum of four Board members shall be necessary to permit the Board to conduct its affairs at any meeting. A majority vote (three or more votes) of the Board members present at a meeting shall be necessary to reverse, modify or vacate any order requirement, decision and/or determination of the Zoning Administrator. All members present, including the Chairperson, shall participate in all votes, except those where any such members are precluded from participating by a conflict of interest.
(b) Where a member of the Board of Zoning Appeals is presented with a potential conflict of interest and fails to acknowledge the conflict and take appropriate steps to avoid the conflict and/or the appearance of impropriety potentially associated with it, any member of the Board observing the potential conflict shall seek an opinion from the Village Solicitor as to the existence of a potential conflict of interest and the appropriate action to be taken to avoid the conflict. Notwithstanding any other provision of these Codified Ordinances, the proceedings presenting a potential conflict of interest shall be stayed until the Village Solicitor renders an opinion on the potential conflict of interest.
In the event the Village Solicitor determines that a potential conflict of interest exists, his or her opinion will be binding upon each and every Board member affected.
(c) The provisions of this section concerning conflicts of interest are not intended to be exclusive and are intended to be supplementary to any and all other applicable statutes, codes, regulations and rulings upon the subject of conflicts of interest.
(Ord. 1072-98. Passed 5-5-98.)
(a) The Board of Zoning Appeals shall call a public hearing for any of the following reasons:
(1) Upon receipt of a written appeal where it is alleged that there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Administrator in the administration or enforcement of the provisions of this Zoning Code;
(2) Upon receipt of a written appeal after the disapproval of an application for a permit by the Architectural Review Board for noncompliance with the design review criteria;
(3) Upon application for a conditional use permit in a district requiring such a permit according to the procedures set forth in Section 1264.05;
(4) Upon application for a zoning or design variance according to the procedures set forth in Section 1264.04.
(b) The applicant shall pay a fee specified by Council upon filing for a hearing before the Board. The hearing shall be called within thirty days of the request. Notice of the hearing shall appear in a locally distributed newspaper at least two weeks prior to the hearing. All adjoining property owners and others affected by the decision of the Board shall be notified of the hearing in writing five days prior to the date of the hearing. The Board shall hear and determine whether a variance may be granted or a conditional use permit may be issued. A decision of the Board shall be made within thirty days following the hearing. The Board shall keep or cause to be kept, on file at the Village Hall, a full public record of all of its proceedings. This record may not leave the Village Hall premises and may be duplicated by a Village secretary upon request with the cost of the duplication being borne by the requesting party.
(c) The Village Council will have the authority to approve or disapprove, after a public hearing, the decision of the Board of Zoning Appeals with regard to a variance application filed on behalf of Walgreen's, within 60 days of the Board decision.
(Ord. 710-78. Passed 9-19-78; Ord. 1047-97. Passed 8-12-97; Ord. 1202-03. Passed 5-6-03.)
(a) A variance from the terms of this Zoning Code shall not be granted by the Board of Zoning Appeals unless a written application for a variance is submitted to the Zoning Administrator and the Board of Appeals. The Board may grant variances where, because of physical circumstances such as exceptional narrowness, shallowness, shape, topographic conditions or extraordinary lot conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Code, and a variance is therefore necessary to enable the reasonable use of the property, provided that minimum relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Zoning Code. No variance shall be granted unless the Board finds that the requested variance will:
(1) Permit only land uses approved for the zoning district in question.
(2) Treat special conditions or circumstances peculiar to the lot or property in question, where strict enforcement of this Zoning Code will result in unnecessary hardship which has not been self imposed by previous actions in any way.
(3) Grant the applicant enjoyment of his or her substantial property right and not merely serve as a convenience, profit or special privilege to the applicant.
(4) Be in harmony with the general purpose and intent of this Zoning Code and not injurious to the neighborhood or otherwise detrimental to the public welfare.
(5) Be of the least magnitude.
(b) If rezoning of the property in question may be proper and would make a variance unnecessary, the variance should be denied. No nonconforming use of neighboring lands, buildings or other structures in the same district, and no permitted or nonconforming use of lands, buildings or other structures in other districts, shall be considered grounds for issuance of a variance. The Board may attach any condition to the granting of a variance under this section which it may find necessary to ensure that the intent of this Zoning Code and design review criteria are observed in all respects. It is incumbent upon the Board to make specific findings of fact for the granting or denial of a variance. Such findings shall become a part of the public record at the Village Hall and copies of the same shall be given to each Board member and Council member and to the applicant.
(Ord. 710-78. Passed 9-19-78.)
Any person seeking a conditional use permit shall provide the Board of Zoning Appeals with such material as it may require in addition to the material required for application for a zoning permit. The Board shall determine whether the granting of the requested conditional use permit is authorized by law and in conformity with the intent of this Zoning Code. No conditional use shall be allowed which would change the essential character of the same area; be hazardous or disturbing to existing or future neighboring uses; create excessive additional requirements at public cost for public facilities and services; involve uses, activities, processes, materials, equipment and conditions of operation which will be detrimental to persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors; create interference with traffic; result in the destruction, loss or damage of a natural or historic feature of major importance; or in any way be detrimental to the economic welfare of the community.
(Ord. 710-78. Passed 9-19-78.)