11.1

Zoning Board of Appeals. The powers, duties and responsibilities of the Zoning Board of Appeals are set forth in Chapter 6 of the Municipal Code.

11.2

Land Use Variations. In order to receive a variation, the Petitioner must provide support for each of the following factors:

a.

The proposed use will not alter the essential character of the locality and will be compatible with existing uses and zoning of nearby property;

b.

The plight of the owner is due to unique circumstances, which may include the length of time the subject property has been vacant as zoned;

c.

The proposed variation is in harmony with the spirit and intent of this Chapter;

d.

The variance requested is the minimum variance necessary to allow reasonable use of the property.

A variation may be granted if the evidence provided sustains each of the factors listed above. Every variation shall be accompanied by findings of fact specifying the reasons for granting the variation by applying the above factors.

The concurring vote of four members of the Zoning Board is necessary to reverse any order, requirements, decision or determination of the Administrative Officer, or to decide in favor of the applicant in any manner upon which it is required to pass or to effect any variation.

11.3

Application. An application for a hearing before the Zoning Board of Appeals shall be filed with the Department of Planning and Community Development upon a form prescribed therefore which shall be accompanied by the application fee and the following:

a.

Plat of Survey. Nine copies of the Plat Survey, designating dimensions of proposed construction spotted thereon.

b.

Preliminary Plans. The Applicant must submit nine copies of detailed preliminary plans relating to the variation. If the application is for a fence variation, the placement and height of fence must be designated on the Plat of Survey.

c.

Proof of Ownership. The Applicant shall submit documentation evidencing ownership of property and any lease or rental agreement in effect pertaining to the petition on the subject property. If Title is in Trust, a copy of the Trust Agreement, certified by the Trustee with evidence of all current ownership of beneficial interest together with a letter of authorization from the Trust Company shall be provided.

11.4

Departmental Review. The Planning Department shall circulate the application and plans to the appropriate departments for review and recommendations. All reviews and recommendations. All reviews and recommendations shall be made available to the applicant prior to the public hearing. The applicant may submit revised plans to the Planning Department for review and all revised plans must be submitted 14 days prior to the public hearing. The revised plans shall be submitted and reviewed. The Planning Department shall transmit all recommendations to the Zoning Board of Appeals for their review prior to the date of the public hearing.

11.5

Public Hearing Notification Requirements. The applicant shall comply with notification requirements as set forth in Section 28-14 of this Chapter.

11.6

Determination. The Zoning Board of Appeals may require additional plans or studies in order to conduct a thorough investigation of a request before them. The findings and recommendations of the Zoning Board of Appeals shall generally be transmitted to the Village Board of Trustees within 30 days of adjournment of the public hearing. If the petition also requires a recommendation from the Plan Commission, the findings and recommendations of the Zoning Board of Appeals will generally be transmitted to the Village Board within 30 days of adjournment of the Plan Commission Public Hearing.

11.7

Limitation on Requests for Variations. No request for a variation shall be considered by the Zoning Board of Appeals for property which has been the subject matter of a previous request for a variation for a period of one year after the Zoning Board of Appeals has made a determination or recommendation for a variation on the same property. The Zoning Board of Appeals shall not consider any petition for rehearing of a variation request after a decision or recommendation on a variation has been made unless substantial changes have been made to the evidence or use to adjacent properties.

(Ord. #18-010)