(a) Appeals and variances shall conform to the procedures and requirements of subsections (b) through (j) inclusive. As specified in this chapter, the Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances.
(b) Appeals
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Appeal to the Board of Zoning Appeals concerning interpretation or administration of the Zoning Ordinance may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
(c) Stay of Proceedings
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An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by restraining order which may be granted by the Board of Zoning Appeals or by a court on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(d) Variances
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The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and not permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of the Zoning Ordinance would result in unnecessary hardship.
(e) Application and Standards of Variances
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A variance from the terms of the Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing:
(1) Name, address, and phone number of applicants;
(2) Legal description of property;
(3) Description of nature of variance requested;
(4) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
B. That a literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Zoning Ordinance;
C. That special conditions and circumstances do not result from the actions of the applicant;
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Ordinance to other lands, structures, or buildings in the same district.
A variance 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 by subsection (e)(4) have been met by the applicant.
(f) Supplementary Conditions and Safeguards
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Under no circumstances shall the Board of Zoning Appeals grant an appeals or variance to allow a use not permissible under the terms of the Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the Zoning Ordinance in said district. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this ordinance and punishable under Section 1161.03 of this ordinance.
(Ord. 411. Passed 12-4-75.)
(g) Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within sixty days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(Ord. 441. Passed 3-2-78.)
(h) Notice of Public Hearing in Newspaper
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Before holding the public hearing required in subsection (f) above, notice of such hearing shall be given in one or more newspapers of general circulation in the Village at least ten days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(i) Notice to Parties in Interest
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Before holding the public hearing required in subsection (f) above, written notice of such hearing shall be mailed to the Chairman of the Board of Zoning Appeals, by first class mail, at least ten days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (g) above.
(j) Action by Board of Zoning Appeals. Within thirty days after the public hearing required in subsection (f) above, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in subsection (f) above, or disapprove the request for appeal or variance. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. Appeals from Board decisions shall be made in the manner specified in Section 1165.04.
(Ord. 411. Passed 12-4-75.)