Appeals to the Board concerning interpretation or administration of the Zoning Ordinance may be taken by any person aggrieved, including a tenant, or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Administrator. Such appeal shall be taken within twenty days after the decision by filing with the Zoning Administrator, and with the Board, a notice of appeal specifying the particular grounds thereof upon which the applicant is seeking minimum relief from the provision of the Ordinance. All applications shall be in writing using forms provided by the Village, signed by the owner of the property involved or the owner's duly authorized agent or attorney and filed in the office of the Zoning Administrator. The Zoning Administrator shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(a) The following facts and information shall be included in the application as a condition for filing of an appeal.
(1) There shall be an action or order of an official (citation of zoning violation, zoning permit denied, zoning permit revoked).
(2) Code, regulation or action being appealed; referencing specific chapter(s) and section(s) of the Zoning Code. This shall be specific as to the use of the land or buildings or the location or height buildings or structures on the parcel (dimensions, setback, height).
(3) Facts and information showing the basis of the appeal:
A. Factors or characteristics unique to that parcel or applicant's use of the parcel.
B. Circumstances not caused by applicant or previous owner or occupant.
C. Detriment/harm to applicant in relation to the use of the property or inability to derive use or value of the property. The applicant must show with particularity the basis of the hardship or practical difficulty that the Ordinance is imposing upon the applicant.
D. Factors preventing strict compliance to Zoning Code requirement.
E. Remedy proposed:
1. Must be measurable in relation to zoning code (i.e., location of building, use of land, etc.);
2. Must show any adverse effects to contiguous parcels or property and any effects contrary to the public interest.
(b) Granting of Variances.
(1) Use variances are prohibited and shall not be granted by the Board.
(2) Non-use or area variances may be granted by the Board.
(c) Implementation of non-use or area variance: If the variance is not implemented within six months of its approval, the variance is null and void.
(Ord. 11-07. Passed 7-18-07.)