There is established a board of zoning appeals for the village for the purpose of hearing appeals and applications, and granting variances to the provisions of this zoning ordinance in harmony with the purpose and intent of the zoning ordinance.

(Ord. 81-3 § 1 (part), 1981)

A.

The board of zoning appeals shall consist of five members appointed by the village president subject to confirmation of the village board for staggered terms of three years. The village president shall designate one of the members chairman. The village president shall appoint a secretary not necessarily from the membership.

B.

The village president may appoint, for staggered terms of three years, two alternate members of such board, in addition to the five members above provided for. Annually, the village president shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the board so refuses or is absent.

(Ord. 81-3 § 1 (part), 1981)

The board of zoning appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this title.

A.

Meetings shall be held at the call of the chairman and shall be open to the public.

B.

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

C.

Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote 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 a public record.

D.

The concurring vote of four members of the board shall be necessary to correct an error; grant a variance; make an interpretation; and permit a utility, temporary, unclassified, or substituted use.

(Ord. 81-3 § 1 (part), 1981)

The board of zoning appeals shall have the following powers:

A.

Errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official or body in the course of enforcing this title.

B.

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 purposes of this title shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(Ord. 81-3 § 1 (part), 1981)

Appeals may be made by any person aggrieved or by an officer, department, board, or commission of the village. Such appeals shall be filed with the secretary within thirty days after the date of written notice of the decision or order of the zoning administrator. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the secretary. Such appeals and application shall include the following:

A.

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

B.

Site plan showing all of the information required under Chapter 20.24 for a plan review;

C.

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

D.

Fee in the amount of two hundred dollars ($200.00).

(Ord. 2006-5 § 1, 2006; Ord. 81-3 § 1 (part), 1981)

The board of zoning appeals shall fix a reasonable time and place for the hearing, and give class 2 notice thereof. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney.

(Ord. 81-3 § 1 (part), 1981)

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

A.

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do 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.

B.

Preservation of Property Rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

C.

Absence of Detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this title or the public interest.

(Ord. 81-3 § 1 (part), 1981)

A.

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

B.

Conditions may be placed upon any building permit ordered or authorized by this board. Approvals granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(Ord. 81-3 § 1 (part), 1981)

Any person or persons aggrieved by any decision of the board of zoning 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 thirty days after the filing of the decision in the office of the board of zoning appeals.

(Ord. 81-3 § 1 (part), 1981)