A. Hearings on All Standard and Major Zoning Variations. The Zoning Board of Appeals shall conduct a public hearing on all applications for zoning variations for standard and major variations and shall enter written findings of fact based on the record. The Zoning Board of Appeals shall not conduct any hearings on minor variations, except as necessary to consider an appeal from a decision of the Zoning Administrator on an application for a minor variation, as provided in section 17.72.010 of this title.
B. Advisory Decision-making Authority. Except as provided in the following subsection C, the decisions of the Zoning Board of Appeals on all zoning variation applications shall be advisory to the Village Council. In addition, notwithstanding anything in Subsection C to the contrary, the Board’s decisions shall be advisory to the Village Council in all of the following instances:
1. Applications for variations that are related in any way to a special use, including all WTSF and planned developments.
2. Applications for more than one variation where any one of such variations falls within the final decision-making authority of the Village Council.
3. Applications for any variation for any new principal building.
4. Applications for variations that are related to the steep slope regulations, as provided in Chapter 17.82 of this Code.
C. Final Decision-making Authority for Standard Variations. Subject to the standards and limitations set forth in this Chapter, including the limitations in the foregoing subsection B, the Zoning Board of Appeals shall have the authority to make final decisions granting variations from the terms of this title in cases for which the applicant seeks one or more of the types of relief that is listed in the Table of Decision-making Authority set forth in Section 17.60.035 (D) of this chapter as being within the final decision-making authority of the Zoning Board of Appeals.
(MC-2-2004, Amended, 04/06/2004)
(MC-01-2024 § 5, Subparagraph B.4. added, 02/06/2024; MC-8-2005, Amended, 12/20/2005, Subsection (B) amended; MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)