Due to the multiple functions assigned to the PZB, certain functions shall be subject to the following provisions, all of which are designed to give due process of law to the persons applying to the PZB for relief, or who are or could be affected by its decisions or recommendations, taking into consideration the needs and interests of the citizens of the entire village.
(A) Appeals.
(1) Scope of appeals. An appeal may be taken to the PZB by any person, firm or corporation, or by an officer, department, board, or bureau affected by a decision of the office of the Zoning Administrator relative to the interpretation or application of any provision of Chapters 152, 153 or 154 of this Code.
(2) Notice of appeal. Such appeal shall be taken by filing a notice of appeal within the office of the Zoning Administrator within 35 days after the date of the decision from which the appeal is taken. The notice of appeal shall specify the grounds for the appeal. The Zoning Administrator shall forthwith transmit to the PZB all of the papers constituting the record upon which the action appealed from was taken.
(3) Procedure.
(a) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the PZB, after notice of appeal has been filed with the Administrator, that by reason of facts stated in the certificate, a stay would, in the Administrator's opinion, cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the PZB or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.
(b) The PZB shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the interested parties, and shall render a written decision on the appeal without unreasonable delay.
(4) Decisions. The PZB may affirm or reverse, wholly or in part, or may modify the order, requirements, decision, or determination appealed from, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the PZB shall be necessary to reverse any order, decision, or determination of the Zoning Administrator, or any other official of the village, under this chapter.
(5) Records of appeals. The Zoning Administrator shall maintain complete records of all actions of the PZB relative to appeals, and shall keep the Board of Trustees informed on a current basis of the disposition of each case.
(B) Variations. Where, in a specific case, an application for a variation is made in writing to the PZB, explaining that because of certain exceptional conditions peculiar to the applicant's property or its environment, strict application of the regulations of the zoning code would result in practical difficulties or undue hardship upon the owner, the PZB shall then consider the case at a public hearing. Notice and requirements of the PZB's consideration shall be followed in the manner set forth hereinafter.
(1) Purpose. The PZB shall determine and vary the regulations of this chapter in harmony with their general purpose and intent, giving due consideration for the needs and interests of the entire village, for submission to the Board of Trustees, only in the specific instances hereinafter set forth, and then only when the PZB has made findings of fact based upon the standards hereinafter prescribed, supporting the conclusion that the application of the strict letter of the regulations of this chapter will create practical difficulties or particular hardship for the owner, lessee, or occupant of land, buildings, or other structures as is described more fully hereinbelow.
(2) Application; notice of hearing. An application for a variation shall be filed with the office of the Zoning Administrator, who shall forward a copy of same to the Chairperson or Secretary of the PZB without delay. The application shall contain such information as the Board may, from time to time, by rule provide. No more than 60 days after the filing of such application, a hearing shall be held on the application. Notice of such hearing shall be published at least once, not more than 30 or less than 15 days before the hearing, in one or more newspapers published within the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village. The notice shall contain the date, time, and place of the hearing, the street address or common description of the property involved, and a brief statement of the relief sought. In addition to publication, notice in writing with all particulars as hereinabove set forth shall be mailed return receipt requested to such owners abutting the property for which a variation is sought. The published notice may be supplemented by such additional form of notice as the PZB by rule may provide. All notices required hereunder shall be prepared, mailed, published and paid for by the applicant.
(3) Standards for variations.
(a) The PZB shall not recommend to the Board of Trustees a variance of the regulations of Chapter 154 unless it shall, in each specific case, make findings of fact, based upon the evidence presented to it, that support the following conclusions:
1. The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a practical difficulty or particular hardship upon or for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;
2. The conditions upon which the petition for a variation is based are unique and would not be generally applicable to other property within the same zoning classification;
3. The purpose of the variation is not based exclusively upon a desire to make more money out of the property;
4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property;
5. The granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
6. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(b) The PZB may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set out in this section to reduce or mitigate the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this chapter.
(Ord. 2000-O-6, passed 5-16-00; Am. Ord. 2007-O-17, passed 6-26-07; Am. Ord. 2014-O-7, passed 5-6-14)