(a)

Scope of appeals. Appeals to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the village, affected by any decision of the administrative officer. Such appeal shall be taken within reasonable 30 days of the alleged aggrievance or judgment in question.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(c)

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

(Code 1986, § 10-1-131)

The zoning board of appeals shall fix a reasonable time, not more than 30 days from the date of filing, for the hearing of an appeal and shall give due notice thereof to all the parties involved. The board or any of its officers it shall designate shall cause such hearings to be published in a newspaper of general circulation in the village.

(Code 1986, § 10-1-132)

(a)

Generally. In addition to those powers enumerated in article IV of chapter 2 of this Code, the zoning board of appeals shall have the following powers:

(1)

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

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes 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 plan commission has made a review and recommendation.

(4)

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 and the plan commission has made a review and recommendation. Whenever the zoning board of appeals permits such a substitution, the use may not to be changed without application.

(5)

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 and the plan commission has made a review and recommendation.

(6)

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 and the plan commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the zoning board of appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall he required.

(b)

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

(Code 1986, § 10-1-133)

(a)

Generally.

(1)

Request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this chapter would cause him undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(2)

The zoning board of appeals may authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit standards lower than those required by state law. The zoning board of appeals shall apply the standards of section 58-407(a)(4).

(3)

For the purposes of this section, the term "unnecessary hardship" means an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

(b)

Application. The application for variation shall be filed with the clerk-treasurer. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

(1)

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

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

Address and description of the property.

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 58-11 for a zoning permit.

(5)

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

(6)

Fee receipt from the clerk-treasurer in the amount as set forth in the village fee/bond schedule.

(c)

Public hearing of application. The zoning board of appeals shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than ten days before the hearing in one or more of the newspapers in general circulation in the village, and shall give due notice to the parties in interest, the building inspector, and the plan commission. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney. The zoning board of appeals shall reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, zoning inspector and plan commission.

(d)

Action of the board of appeals. For the zoning board of appeals to grant a variance, it must find that:

(1)

Denial of variation may result in hardship to the property owner due to physiographical considerations. 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 this chapter should be changed.

(2)

The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought, and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(3)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

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

(5)

The proposed variation will not undermine the spirit and general and specific purposes of this chapter.

(e)

Conditions. The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

(f)

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

(g)

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.

(Code 1986, § 10-1-134)

(a)

Authority.

(1)

Whenever the public necessity, convenience, general welfare or good zoning practice require, the village board may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.

(2)

Such change or amendment shall be subject to the review and recommendation of the plan commission and the appropriate joint extraterritorial zoning committee.

(b)

Initiation. A change or amendment may be initiated by the village board, plan commission, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(c)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the clerk-treasurer, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

(1)

Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the areas proposed to be rezoned.

(2)

Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(3)

Additional information required by the plan commission, joint extraterritorial zoning committee, or village board.

(4)

Fee receipt from the clerk-treasurer in the amount as set forth in the village fee/bond schedule.

(d)

Recommendations.

(1)

The plan commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified, or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the village board.

(2)

The appropriate joint extraterritorial zoning committee and the plan commission shall review all proposed changes and amendments within the extraterritorial zoning jurisdiction, but only the members of the appropriate joint committee shall vote on matters relating to their zoning jurisdiction.

(e)

Hearings.

(1)

The village board shall hold a public hearing upon each recommendation, giving at least ten days' prior notice by publication at least two times during the preceding 30 days, listing the time, place, and the changes or amendments proposed. The village board shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

(2)

Prior to the village board hearing, the appropriate joint extraterritorial zoning committee shall hold a public hearing upon each proposed change or amendment within their zoning jurisdiction, giving at least ten days' prior notice by publication at least three times during the preceding 30 days listing the time, place, and the changes or amendments proposed. The joint committee shall mail notice to the clerk of the affected town.

(f)

Village board's action.

(1)

Following such hearing and after careful consideration of the plan commission's and appropriate joint extraterritorial zoning committee's recommendations, the village board shall vote on the passage of the proposed change or amendment.

(2)

The plan commission's recommendations may only be overruled by three-fourths of the full village board's membership.

(g)

Protest. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full village board membership.

(Code 1986, § 10-1-135)

Failure to comply with the provisions of this chapter shall be regarded as violation and any person who commits such violation shall be liable to a forfeiture as defined in the adopted village fee/bond schedule, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned up to 90 days in the county jail. Each day a violation is continued shall be considered a separate offense.

(Code 1986, § 10-1-136)