(A) Generally. The Village Board of Appeals shall not have the power to alter or change the zoning district classification of any property, not to make any change in the terms or intent of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, variance, or exception as defined in this section.
(B) Review. The Board shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the Building Inspector or by any other official in administering or enforcing any provisions of this chapter.
(C) Interpretation. The Board shall have the power to:
(1) Interpret, upon request, the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter;
(2) Determine the precise location of the boundary lines between zoning districts;
(3) Classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district; and
(D) Variances. The Board shall have the power to authorize, upon an appeal, specific variances from the requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, provided all of the basic conditions listed herein and any one of the special conditions listed thereafter can be satisfied. The Board shall not have the power to grant "use variances" or allow a use in a zoning district that is not permitted in that district.
(1) Basic conditions. That any variance granted from this chapter:
(a) Will not be contrary to the public interest or to the intent and purpose of this chapter.
(b) Shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a conditional use permit or a temporary use permit is required.
(c) Will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.
(d) Is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for the conditions reasonably practical.
(e) Will relate only to property that is under control of the applicant.
(2) Special conditions. When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be clearly demonstrated:
(a) Where there are practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this chapter. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land;
(b) Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same zoning district. The circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this chapter; and/or
(c) Where the variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.
(3) Rules. The following rules shall be applied in the granting of variances.
(a) The Board may specify, in writing, the conditions regarding the character, location, and other features that will, in its judgment, secure the objectives and purposes of this chapter. The breach of any such condition shall automatically invalidate the permit granted.
(b) Each variance granted under the provisions of this chapter shall become null and void, unless:
1. The construction authorized by the variance or permit has been commenced within six months after the granting of the variance; and/or
2. The occupancy of land, premises, or buildings authorized by the variance has taken place within one year after the granting of the variance.
(c) No application for a variance which has been denied wholly or in part by the Board shall be resubmitted for a period of one year from the date of the last denial, except on the grounds of newly-discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.
(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)