(a)

The plan commission shall review and recommend and the village board shall have final approval for all site plans subject to section 113-93, conditional use permits, changes to the zoning districts and maps, amendments of this chapter and general matters related to zoning and land use policy.

(b)

The zoning administrator has the primary responsibility to interpret and administer this chapter.

(c)

The zoning board of appeals has the exclusive authority to:

(1)

Hear and decide appeals that allege an error in interpretation of this chapter; and

(2)

Grant special exceptions or variances to this chapter.

(Prior Code, § 24.80(1))

The village administrator-clerk-treasurer is designated as the zoning administrator. The zoning administrator shall:

(1)

Maintain permanent and current records relating to this chapter, including all amendments, all maps, conditional use permits, variances, appeals and application related hereto;

(2)

Receive, file and forward to the plan commission all applications for conditional use permits, site plan approvals, changes to the zoning district and maps, amendments of this chapter and general matters related to zoning and land use policy;

(3)

Receive, file and forward to the zoning board of appeals all applications for appeals, variances or other matters related to the zoning board of appeals;

(4)

Receive, file and refer required on-site inspections and issuance of building permits to the building inspector, as appropriate;

(5)

Assist and provide information to the building inspector, plan commission and zoning board of appeals regarding this chapter.

(Prior Code, § 24.80(2))

All applications for zoning changes, conditional use permits, variances and site plan approvals shall be accompanied by a nonrefundable filing fee. All filing fees shall be set by the village board. No fee shall be required if the village board or plan commission is the applicant.

(Prior Code, § 24.80(4))

(a)

Establishment of plan commission. The village hereby establishes a village plan commission as permitted by Wis. Stats. §§ 61.35 and 62.23(1)—(5), as may be amended, which are incorporated by reference. Where provisions in this chapter are found to be inconsistent with provisions in the state statutes, the state statutes shall control.

(b)

Membership. The plan commission shall consist of seven members: the village president, who shall be its presiding officer; one at-large village trustee; the chair of the parks committee or an additional citizen member; and four citizen members.

(c)

Appointment. A village trustee appointed to the plan commission shall be appointed by the village president, subject to approval by a two-thirds vote of the village board. Village trustee appointment shall occur in April of each year. The citizen members of the plan commission shall be appointed in the same manner as all other appointments.

(d)

Term of office.

(1)

Village president. The village president shall be a member of the plan commission for as long as he holds the office of village president.

(2)

Village trustee. The at-large village trustee member of the plan commission shall hold the position for one year, and shall be subject to reappointment on an annual basis in April. If the chair of the parks committee is a village trustee and is appointed to the plan commission, his appointment to the plan commission shall be dependent on maintaining his appointment as chair of the parks committee.

(3)

Chair of parks committee. The resignation or other removal of the chair of the parks committee from his position as chair shall simultaneously result in resignation and/or removal from the plan commission.

(4)

Citizen members. The citizen members shall be appointed for a term of three years. Upon the creation of the commission, appointments shall be made for periods ending one, two and three years, respectively, to permit staggering of the terms for citizen members.

(e)

Quorum. Four members present shall constitute a quorum competent to transact business.

(f)

Public hearings. Except for the public hearings necessary prior to action by the zoning board of appeals, the plan commission shall hold all public hearings that are required under this chapter or state statute. The zoning administrator shall give notice of the time, place and purpose of the public hearing to the general public by publication as a Class 1 notice in the official village newspaper. The zoning administrator shall also send such notice to the applicant, members of the village board and plan commission, and owners of property located within the village limits and in whole or in part within approximately 200 feet of the boundaries of the property that is the subject of the hearing. Such notices shall be delivered or mailed to the last known address no less than ten days prior to the public hearing.

(g)

Final authority vested with village board. The village board, as the governing body of the village, and following consideration of recommendations by the plan commission and public hearings, has final authority to make decisions on matters presented to the plan commission.

(Prior Code, § 24.81)

(a)

Authority. This chapter may be amended pursuant to procedures provided by Wis. Stats. § 62.23.

(b)

Who may initiate petitions. Petitions to amend this chapter may be initiated by the village board or plan commission. Petitions to amend zoning districts may, in addition, be initiated by any person owning real estate, provided that the proposed amendment affects real estate owned by such person or a larger parcel that includes real estate owned by such person.

(c)

Form of application. The plan commission shall direct that application forms for zoning ordinance amendment petitions be developed and approved by the plan commission and that application forms substantially that form be used to initiate amendment petitions.

(d)

Procedures.

(1)

All petitions for amendment shall be submitted to the zoning administrator and referred to the plan commission with notice of the petition given to the village board.

(2)

The plan commission shall establish a date for public hearing before the village board on all petitions for zoning amendments. Class 2 notice shall be given prior to such hearing in accordance with Wis. Stats. ch. 985, which requires two consecutive insertions, the last of which shall be at least one week before the hearing. At least ten days' prior written notice shall be given to the clerk of any municipality whose boundaries are within 1,000 feet of any lands affected by a proposed change in zoning district boundaries. Failure to give such notice to nearby municipalities shall not invalidate the hearing or the change, if adopted. The public hearing shall be conducted by the plan commission in accordance with the notice, unless recessed and rescheduled in accordance with state law.

(3)

At least ten days' prior written notice shall be given by ordinary mail to owners of record of all lots or parcels within 200 feet of the area proposed to be rezoned.

(4)

Prior to the public hearing or following the public hearing (in the case of a joint village board/plan commission meeting), the plan commission shall issue its recommendations on the proposed amendment to the village board.

(5)

Following receipt of the recommendations and report of the plan commission, the village board may take action upon the proposed amendment.

(6)

If the village board does not receive recommendations and a report from the plan commission within 60 days of the plan commission's receipt of the zoning petition or receipt of the referral from the village board, the village board may hold hearings and act on the proposed zoning amendment without first receiving the plan commission recommendation and report.

(7)

Where allowed by state zoning law, rezonings may be conditioned where the village board deems imposition of such conditions a necessity to achieve the public interest and the intent of this chapter.

(e)

Statutory protests. Protest petitions may be lodged regarding amendments to zoning district maps in accordance with provisions of state law.

(Prior Code, § 24.83)

State Law reference— Zoning amendments, Wis. Stats. §§ 61.35, 62.23(7)(d).

(a)

Purpose. The development and execution of this chapter is based upon the division of the village into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(b)

Who may initiate application. Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest that may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which such land is located. In addition to requests initiated directly by the applicant, the need for a conditional use permit may also be initiated by the plan commission while reviewing any application before it or by referral from the village board.

(c)

Application for conditional use. An applicant shall file for a conditional use permit by submitting the application form prescribed by the village. The application shall include a plan showing the location, size and shape of the lot involved and of any proposed structure, the existing and proposed use of each structure and lot, and a written statement by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in this chapter. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high water mark and groundwater conditions: bedrock, vegetative cover; specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(d)

Procedures.

(1)

All requests for conditional uses permits shall be submitted to the zoning administrator and referred to the plan commission with notice of the referral being given to the village board. The plan commission shall review the application and make its recommendations to the village board. The plan commission shall report its recommendation to the village board within 30 days of the date that a complete application has been referred to the plan commission.

(2)

Public hearings shall be held on applications for conditional use permits as provided in this section. Public hearings shall be scheduled in such a manner as to permit the village board to receive the plan commission's recommendation at or before the time of the public hearing.

(3)

Following consideration of the plan commission's recommendations and the public hearing, the village board may take actions on the conditional use permit.

(e)

Standards.

(1)

When reviewing, recommending and granting applications for conditional use permits, the plan commission and village board shall act so that the spirit of the zoning ordinance is observed, public safety and welfare secured, and substantial justice done. Both the plan commission and village board shall consider the evidence presented to it and determine whether the following conditions are present:

a.

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

b.

The proposed use is compatible with the use of adjacent land.

c.

The use, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.

d.

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

e.

The overall site adequately describes existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

f.

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

g.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

h.

The conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

i.

The proposed use does not violate floodplain regulations governing the site.

j.

Adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.

k.

If the proposed conditional use necessitates any new construction or addition to an existing building, the new construction or addition does not defeat the purposes and objective of the zoning district.

l.

That the village is able to provide municipal services to the property where the conditional use is proposed, given due consideration of the cost of providing such services.

(2)

In evaluating an application, the plan commission and/or village board may obtain such technical assistance as it deems necessary to determine whether the standards have been met.

(3)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses.

(4)

Where all or a majority of the foregoing conditions are present and the overall context of the application merits a conditional use permit, the plan commission shall recommend a conditional use permit (with special conditions and restrictions, as appropriate) and the village board shall exercise its discretion to find that such a conditional use permit (with special conditions and restrictions, as appropriate) is not contrary to the public interest and, therefore, shall grant same.

(f)

Limitations, conditions and guarantees applied to conditional use permits.

(1)

Prior to granting any conditional use, or where it becomes necessary during the term of a conditional use permit, the village board may impose such conditions and restrictions up the restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as the village board deems necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in this chapter. Such conditions may include specifications for, without limitation because of specific enumeration, the following:

a.

Landscaping.

b.

Type of construction.

c.

Construction commencement and completion dates.

d.

Sureties.

e.

Lighting.

f.

Fencing.

g.

Operational control.

h.

Hours of operation.

i.

Traffic circulation.

j.

Deed restrictions.

k.

Access restrictions.

l.

Setbacks and yards.

m.

Drainageways.

n.

Specified sewage disposal and water supply system.

o.

Planting screens.

p.

Erosion and runoff control.

q.

Increased parking.

r.

Time or duration limitations.

s.

Retaining walls, terracing, oversized foundations, etc., to address slope and unsuitable soil problems. When slopes exceed six percent and/or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site tests and/or construction plans shall be provided that clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil conditions or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

t.

Specific architectural treatments. So that proposed architectural treatment is in general harmony with surrounding uses and the landscape, the use of certain general types of exterior construction materials and/or architectural treatments may be required.

u.

Other requirements necessary to fulfill the purpose and intent of this chapter.

v.

Noise.

(2)

In all cases in which conditional uses are granted and limitations or conditions are stipulated, the board may require, at the time of issuance and throughout the duration of the conditional use permit, such evidence and guarantees as it may deem necessary to confirm that the required conditions are being met.

(g)

Authorization; alteration or amendment of conditional use permits.

(1)

Authorization of conditional use permits. Conditional use permits shall be issued by the village board, following compliance with this chapter. The permit shall specify the application to which it refers, the name of the permittee, the location of the property subject to the conditional use permit, any amendments made to the application during the course of review, findings of the village board based on the required standards and evidence presented, and any limitations, conditions or guarantees specified at the time that the conditional use permit is issued.

(2)

Alteration or amendment of conditional use permits. No alteration of a conditional use permit or amendment of conditions to be applied to a conditional use permit shall be permitted unless approved by resolution of the village board, after recommendation from the plan commission. Applications for alteration or amendment may be made by the applicant, or by referral from the plan commission or the village board. The procedure for alteration or amendment shall be substantially the same as for initial authorization of the permit.

(h)

Denial of a conditional use permit application. When a conditional use application is denied, the minutes of the village board meeting where the decision to deny was made shall reflect the reasons that the village board denied the application.

(i)

Expiration of permit after two years. In any case where a conditional use has not been established within two years after the date of granting thereof, unless otherwise specified in the conditional use permit, then, without further action by the plan commission or the village board, the conditional use or authorization shall be null and void.

(Prior Code, § 24.84)

For the purpose of promoting development that is aesthetically compatible with the character of existing development in the village, and to further stabilize property values and prevent their depreciation, no person shall commence development of or alter any building or structure in a manner which is in conflict with the principles set forth in this chapter and the criteria set forth in this chapter. This division shall apply to development of or altering of any building or structure in the village.

(Prior Code, § 24.801(1))

The following development review information shall be required by the plan commission for developments in all zoning districts, excluding single-family and two-family districts, to aid in the determination of whether a development is aesthetically compatible with the character of existing development and desired development:

(1)

Site plan (one 24-inch by 36-inch and seven 11-inch by 17-inch sets of plans required).

a.

Area map depicting proximity to nearest roadway intersection.

b.

Plot plan of proposed development/parcel and all abutting parcels indicating zoning, building location, parking and driving surfaces, lighting, utility easements, and surface water flow patterns.

c.

Two-foot interval topography of subject parcel.

(2)

Building plans (one 24-inch by 36-inch and seven 11-inch by 17-inch sets of plans required).

a.

Elevations of proposed structure or modified structure.

b.

An accurate 24-inch by 36-inch color rendition of proposed structure or modified structure.

c.

Sample colors and building materials shall be submitted by the applicant for review by the plan commission. In addition, a listing of all exterior materials shall be submitted which shall include the following:

1.

Type of material, manufacturer of material, style and specific color.

2.

All physical samples of building materials shall be retained by the applicant after approval of the plan commission.

d.

Landscape plan, including common and species names, sizes, and type of planting stock.

(Prior Code, § 24.801(2))

To implement and define criteria for the purposes set forth in this chapter, the following principles are established:

(1)

No building shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

(2)

No building shall be permitted the design or exterior as to create excessive monotony or drabness.

(3)

No building shall be permitted where any exposed facade is not constructed or faced with a finish material which is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties.

(4)

No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

(5)

Buildings and uses shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical.

(6)

Buildings and uses shall provide for safe traffic circulation and safe driveway locations.

(7)

Buildings and uses shall provide adequate parking and loading areas.

(8)

Buildings and uses shall be provided with adequate public services.

(Prior Code, § 24.801(3))

In accordance with this chapter, the plan commission will utilize the following design review criteria:

(1)

Multifamily residential zoning districts.

a.

Public or private street yard elevations of principal structures shall be constructed of a minimum 30 percent brick, or stone veneer or decorative block or other decorative masonry material such as EIFS, or Dryvit, or Hardi-plank or other similar decorative cement siding material (calculations to be provided by developer/applicant with submittal).

b.

Refuse and recycling areas shall be screened with appropriate vegetation or privacy fencing of a material compatible with the principal structure and the surrounding area.

c.

Mechanical equipment shall be screened from the public view from any elevation.

(2)

Commercial zoning districts.

a.

All elevations of principal structure fronting a public street shall be constructed of a minimum 30 percent brick, stone veneer or decorative block facing or decorative block or other decorative masonry material such as EIFS, or Dryvit, or Hard-Plank or other similar decorative cement siding material, excluding windows and doorways.

1.

Expansion walls shall be exempt from the above masonry material requirements.

2.

The developer or applicant shall provide calculations showing how each elevation complies with the above requirements. Such calculations shall be provided on the elevation plan sheet submitted for approval.

b.

Parking surfaces shall be constructed in conjunction with the criteria established in section 113-292.

c.

Landscaping shall be done so in accordance with a plan approved by the plan commission in conjunction with section 113-120.

d.

Refuse and recycling areas shall be screened with appropriate vegetation or privacy fencing of a material compatible with the principal structure and the surrounding area.

1.

Refuse receptacles installed and maintained for patrons are required for all new food establishments located in these districts as deemed necessary by the plan commission. In addition, during plan review, the commission will determine:

(i)

Site location;

(ii)

Total number of receptacles.

2.

A minimum 30-gallon container shall be required.

(i)

Existing businesses will have six months from the date of adoption to comply if found to be required by the plan commission.

(ii)

All refuse receptacles must be dumped regularly and maintained to sufficiently store refuse at all times.

e.

Mechanical equipment shall be screened from the public view from any elevation.

(3)

Manufacturing zoning districts.

a.

Elevations of principal structure fronting a public street shall be constructed of a minimum 30 percent brick, stone veneer or decorative block facing or decorative block or other masonry material such as EIFS, or Dryvit or Hardi-Plank or other similar decorative cement siding materials, excluding windows and doorways.

1.

Expansion walls shall be exempt from the above masonry material requirements.

2.

The developer or applicant shall provide calculations showing how each elevation complies with the above requirements. Such calculations shall be provided on the elevation plan sheet submitted for approval.

b.

Other elevations of principal structure not fronting a public street shall be constructed of a minimum 20 percent brick, stone veneer or decorative block facing, excluding windows and doorways (calculations to be provided by developer/applicant with submittal).

c.

Rear elevations of principal structure shall be constructed with a minimum four-foot brick or decorative block fascia, excluding windows and doorways.

d.

Parking surfaces shall be constructed in conjunction with the criteria established in section 113-292.

e.

Landscaping shall be done so in accordance with a plan approved by the building review committee in conjunction with section 113-120.

f.

Refuse and recycling areas shall be screened with appropriate vegetation or privacy fencing of a material compatible with the principal structure and the surrounding area.

g.

Mechanical equipment shall be screened from the public view from any elevation.

h.

Outside storage of inventory, materials, equipment, supplies, scrap, etc., utilized in the day-to-day operation of the principal use shall be screened from public view with appropriate vegetation or privacy fencing of a material compatible with the principal structure and the surrounding area.

(Prior Code, § 24.801(4))

(a)

Review. The plan commission shall review site and architectural plans for compliance with this division. The plan commission's review shall apply to all new buildings, major building additions or improvements and site improvements, except for single- and two-family dwellings which are approved as indicated in separate code, the plan commission shall approve plans only after determining that the buildings and structures are consistent with the principles and criteria set forth by ordinance. The plan commission may deny approval of building plans, but shall inform the permit applicant of any decision in writing.

(b)

Duration and lapse of site plan approval. Within one year of the date of initial approval, the developer of the project shall obtain a building permit and shall begin construction of the project. If a permit is not obtained and construction is not started within one year, the site plan approval shall lapse. Upon application by the developer, the plan commission may renew its approval of the site plan as initially approved or may require changes deemed appropriate.

(c)

Retroactivity. The provisions of this division shall be retroactive to all site plan approvals for which, as of the date of enactment of the ordinance from which this division is derived, the developer has not obtained a building permit and has not started construction in accordance with the initial site plan approval.

(d)

Single- and two-family dwellings. The zoning administrator shall review and approve all single- and two-family dwelling unit building and site plans consistent with the principles set forth in separate code.

(Prior Code, § 24.801(6))

Minor accessory structures being constructed as an addition to an existing development may be permitted without approval by the plan commission after review and approval by village staff. Such approval for minor accessory structures may include uses such as, but not limited to, storage sheds, patios, decks, trash enclosures, flag poles, and mechanical equipment.

(Prior Code, § 24.801(7))

Any person aggrieved by a decision of the plan commission in regard to this division may appeal the decision to the zoning board of appeals within 30 days after the plan commission has filed its decision. The zoning board of appeals may affirm, modify or reverse the decision of the plan commission.

(Prior Code, § 24.801(8))

(a)

Establishment of zoning board of appeals. There is hereby established a zoning board of appeals for the village for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter.

(b)

Membership.

(1)

The zoning board of appeals shall consist of five members appointed by the village president and confirmed by the village board.

(2)

Terms shall be staggered three-year periods.

(3)

A chairman shall be designated by the village president.

(4)

Alternate members may be appointed by the village president for a term of three years and shall act only when a regular member is absent or refused to vote because of a conflict of interest.

(5)

The zoning administrator shall attend all meetings for the purpose of providing technical assistance when requested by the board.

(6)

Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of their appointment.

(7)

Vacancies shall be filled for an unexpired term in the same manner as appointments for a full term.

(c)

Organizational rules, meetings and minutes. The zoning board of appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter and state statutes.

(1)

Meetings. Meetings shall be held at the call of the chairman or at such other times as the board may determine and shall be open to the public.

(2)

Official record. Minutes of the proceedings and a record of all actions shall be kept, showing the vote of each member upon each question, the reasons for the board's determination, and its finding of facts. These records shall be immediately filed in the office of the board and shall be public record.

(3)

Voting. A quorum is a majority of the members of the board. If a quorum is present, the board may take action under this chapter by majority vote of the members present.

(d)

Powers of zoning board of appeals. The zoning board of appeals shall have the following powers:

(1)

Errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator or any other administrative official acting to enforce this chapter.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purpose of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.

(3)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the village plan commission has made a review and recommendation.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive non-conforming uses for existing nonconforming uses, provided no structural alterations are to be made and the village plan commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(5)

Floodplain mapping disputes. To hear and decide upon the delineation of the F-1 floodplain district where it is alleged there is a difference between elevation of the floodplain and lands shown within the floodplain based upon field surveys, or for determining the precise location of the floodplain in unnumbered A zones.

(6)

Permits. The board may reverse, affirm, wholly or partly, modify the requirements appealed from, and may issue or direct the issuance of a permit.

(7)

Assistance. The board may request assistance from other village officers, departments, commissions, and boards.

(8)

Oaths. The chairman may administer oaths and compel the attendance of witnesses.

(e)

Appeals and applications. Appeals from the decision of the zoning administrator concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the village. Such appeals shall be filed with the secretary within the time limit established by the board of appeals. Applications may be made by the owner or the lessee of the structure, land, or water to be affected at any time and shall be filed with the secretary. Such appeals and applications shall include the following:

(1)

Name and address of the appellant or applicant and all abutting and opposite property owners of record.

(2)

Plat of survey prepared by a registered land surveyor, or a location sketch drawn to scale, showing all of the information required under section 113-95 for a zoning permit.

(3)

Additional information required by the village plan commission, village engineer, zoning board of appeals, or zoning administrator.

(f)

Hearings. The zoning board of appeals shall fix a reasonable time and place for the required public hearing, and shall give customary and statutorily required notice. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney.

(g)

Findings. No variance to the provisions of this chapter shall be granted by the board unless it finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings.

(1)

Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations of the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.

(2)

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that does not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the zoning ordinance should be changed.

(3)

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

(4)

Preservation of property rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(5)

Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(h)

Decision. The zoning board of appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, zoning administrator, and the village plan commission.

(1)

Conditions may be placed upon any zoning permit ordered or authorized by this board.

(2)

Variances, substitutions, or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(i)

Review by court of record. Any person or persons aggrieved by any decision of the zoning board of appeals may present to the court of record a petition duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the zoning board of appeals.

(Prior Code, § 24.82)