There is 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 title in harmony with the purpose and intent of this title.

(§10.1 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

A.

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

B.

Terms shall be for two-year periods.

C.

The chairman shall be selected by a majority vote of the members of the board.

D.

The secretary shall be appointed by the chairman and shall be a member of the board.

E.

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

F.

Each member of the board shall receive compensation in the amount of seven dollars and fifty cents per meeting.

G.

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

(Ord. 530 §1, 1979: §10.2 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

A.

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

B.

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

C.

Minutes of the proceedings and a record of all actions shall be kept by the secretary, 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 enforcing officer 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 to permit a utility, temporary, unclassified, or substituted use.

(§10.3 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The zoning board of appeals shall have the following powers:

A.

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the enforcing officer;

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;

C.

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts;

D.

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses; provided, no structural alterations are to be made. Whenever the board permits such a substitution, the use may not thereafter be changed without application;

E.

Unclassified Uses. To hear and grant applications for unclassified and unspecified uses; provided, that such uses are similar in character to the principal uses permitted in the district;

F.

Temporary Uses. To hear and grant applications for temporary uses, in any district; provided, that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the zoning board of appeals and shall be issued for a period not to exceed twelve months. Compliance with all other provisions of this title shall be required;

G.

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

H.

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

I.

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

(§10.4 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The village board shall designate an enforcing officer or officers by ordinance. The enforcing officer shall have the initial responsibility and authority for the literal interpretation and enforcement of this title and all other applicable ordinances, regulations, and codes, and he may enter upon and inspect any premises in the performance of these duties. The enforcing officer shall refer certain matters calling for original interpretations to the zoning board of appeals as directed by various provisions of this title.

(§10.5 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The persons appointed to the following positions for the Village of Ladd, Bureau County, Illinois, shall hereafter act as zoning enforcement officers for the village, namely: the police chief, any assistant/deputy police chief and the building inspector.

(Ord. No. 1105, § 1, 7-27-2021)

Appeals from the decision of the enforcing officer concerning the literal enforcement of this title 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 thirty days after the date of written notice of the decision or order of the enforcing officer. 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 applications shall include the following:

A.

Name and address of the appellant or applicant and all abutting and opposite property owners of record; in the event that the owner(s) cannot be identified, then the last party paying the property tax shall be notified;

B.

Plat of survey prepared by a registered land surveyor showing all of the information required under Section 17.84.020 for a building permit;

C.

Additional information required by the zoning board of appeals;

D.

A fee receipt from the village clerk in the amount of sixty dollars.

(§10.6 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The zoning board of appeals shall fix a reasonable time and place for the hearing, give public notice thereof not less than fifteen nor more than thirty days prior to the hearing, and shall give notice to the petitioner/applicant and to the enforcing officer.

(§10.7 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

A variation shall be permitted only if the evidence in the judgment of the zoning board sustains each of the following:

A.

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district; and

B.

That the plight of the owner was not created by the owner and is due to unique circumstances; and

C.

That the variation, if granted, will not alter the essential character of the locality.

(§10.81 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

For the purpose of implementing the standards set out in Section 17.88.080, the zoning board in making its decision, whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence that:

A.

The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were strictly enforced;

B.

The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;

C.

The alleged difficulty or hardship has not been created by any person presently having an interest in the property or any person through whom the applicant claims title;

D.

The granting of the variation will not be substantially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or

E.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(§10.82 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The zoning board may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this chapter to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title.

(§10.83 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).