The Zoning Board shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter but, does have power to act on appeals and hold public hearings as set forth herein. Said powers include:
(B) Special uses. To hold public hearings in accordance with the provisions of this chapter, on requests for special use permits. Any special use permit may be subject to such conditions as the Village Board may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter;
(C) Variance. To hold public hearings on requests for variances from the strict applications of the provisions of this chapter whereby reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property; provided such relief may be granted without substantially impairing the intent and purpose of this chapter;
(D) Application for variance and/or special use. An application for a variance and/or special use may be made by filing a written application with the Code Enforcement Officer in duplicate in the office of the Village Clerk. Such application shall:
(1) State the name and address of the applicant (and the name and address of the owner of record, if applicant is not such owner);
(2) State the location and legal description of the lot for which the variance and/or special use is sought; and
(3) Request the variance and/or special use desired.
(E) Hearing date and notice of public hearing.
(1) If the application for a variance and/or special use is in proper form, and the proper fee paid, the Zoning Board shall set a hearing date for the application and shall cause a notice of the time and place of such public hearing to be published at least once in one or more local newspapers published in the county, no less than 15 days, nor more than 30 days, prior to the date of the hearing. Such notice shall contain the location for which the variance and/or special use is requested as well as a brief statement describing the variance and/or special use requested.
(2) Not less than ten days before the hearing, the Code Enforcement Officer shall mail a copy of such published notice to the applicant at the address given in such application, the Zoning Board shall maintain in its records a publisher’s certificate with an attached copy of the notice as published, and the Zoning Board shall file such notice with the Village Clerk for inclusion in the records of the village.
(3) If the application is not in proper form, the Code Enforcement Officer shall notify the applicant, in writing, and no hearing shall be set, nor notice published, until a proper application is filed and the proper fee paid.
(F) Hearing by the Zoning Board.
(1) A public hearing on the application for the variance and/or special use shall be conducted by the Zoning Board. The hearing shall be held in accordance with the general rules for meeting of the Zoning Board provided for in this chapter, and such hearing may be continued from time to time as required.
(2) After the hearing, the Zoning Board shall make a report of their findings to the Village Board, and in said report shall recommend approval or disapproval of such proposed variance and/or special use. Every report shall contain findings of fact specifying the reason for the Zoning Board’s recommendation.
(G) Vote of the Village Board. Within 30 days after receipt of the report of the Zoning Board, the Village Board may, by vote, without further public hearing, grant or deny the variance and/or special use or they may refer it back to the Zoning Board for further consideration.
(Ord. 18-108, passed 5-7-2018)