(a) To initiate either procedure, the Zoning Inspector or the person authorized to administer the provisions of the Zoning Ordinance shall have taken an action involving the administration or enforcement of this Ordinance.
(1) Administration appeal. An administrative appeal may be filed only if the following conditions are met:
A. The Zoning Inspector has decided to issue or deny a certificate; that an activity is in violation of this Zoning Ordinance; that a certificate is or is not required; or any similar decision.
B. The appeal is based upon an interpretation of the requirements of this Zoning Ordinance.
C. The party filing the appeal is an official or citizen of the Village who believes that the interpretation is in error.
D. The appeal has been filed within ten days after the decision.
(2) Variance. A variance may be filed only if the following conditions are met:
A. The Zoning Inspector has denied the application for a zoning certificate.
B. The denial is based upon the applicant's inability to meet or exceed the requirements of this Zoning Ordinance.
C. The application has been filed within twenty days of the decision.
(b) Applications for administrative appeals or variances are available at the office of the Village Zoning Inspector and when completed are to be returned to that office. The applications for administrative appeals and variances shall include but not be limited to the following:
(1) Name, address and telephone number of the applicant;
(2) Location of the property and the zoning district including the inlot number;
(3) Present and proposed uses;
(4) If required by the Zoning Inspector, a vicinity map and plat layout containing information required by the Zoning Inspector;
(5) A statement identifying the decision which is being appealed or the variance requested and the reason for the request; and
(6) A fee as established by Council.
(c) Within three working days after the completed application or appeal has been filed it shall be transmitted to the Board of Zoning Appeals. Within forty day of receiving an application for a variance only, the Board of Zoning Appeals shall hold a public hearing to consider the application. No public hearing shall be held for an administrative appeal. Notice of the public hearing shall be given not less then ten days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the Village. A notice shall also be sent to the applicant and may be posted at the property in question. In addition, notice shall be sent to all property owners within 200 feet of the property requesting the variance. The distance shall be measured from the nearest property line.
(d) The Board shall decide on the application within sixty days after receipt by the office of the Zoning Inspector. The filing of an administrative appeal shall stay all proceedings in the furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals that, by reason of the facts presented in the application, a stay would cause imminent peril to life and property.
(e) The Board of Zoning Appeals:
(1) Administrative appeals: shall reverse, affirm or modify the order, requirement, decision or determination that is being administratively appealed. The decision shall, in the opinion of the Board, reflect conformity with the provisions of this Zoning Ordinance.
(2) Variances: shall grant, deny or modify the variance application. The variance shall not be granted unless the following conditions exist:
A. The special circumstances apply to the applicant's building(s) or land(s) and do not generally apply to other buildings or lands in the same zoning district.
B. The special circumstances are not the result of the actions of the applicant.
C. The literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other property owners in the same zoning district.
D. The variance will provide the minimum necessary relief and will represent the least possible modification.
(Ord. 13-87. Passed 7-27-87.)