1. Applicability: The common provisions of this section apply to all the procedures in this chapter unless otherwise expressly stated.
   
   Table 15-1: Review and Decision-making Authority Summary Table

   Procedure	Staff	Zoning Board of Appeals	Village Board	Public Notice
   Zoning Ordinance Text Amendments	R	<R>	<DM>	N
   Zoning Map Amendments	R	<R>	<DM>	N,M,P
   Planned Developments
   Development Plans	R	<R>	<DM>	N,M,P
   Site Plans	DM[1]	-	-	-
   Special Uses	-	<R>	<DM>	N,M,P[2]
   Administrative Adjustments	DM	-	-	M
   Variances	-	<DM>	-	N,M
   Appeals of Administrative Decisions	-	<DM>[3]	-	N,M

   R = Review body (review and recommendation) | DM = Decision-making body (final decision to approve or deny) < > = Public hearing required | Hearing Notice: N = Newspaper; M = Mail; P = Posting (signs)
2. Review and Decision-making Authority (Summary Table): Table 15-1 provides a summary of the review and approval procedures of this chapter. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this chapter, the detailed procedures govern.
3. Applications and Fees:
   1. Owner-initiated Applications: Whenever the provisions of this zoning ordinance allow the filing of an application by the owner of the subject property, that application must be filed by all record title owners of the real properties that are the subject of the application or the property owners’ authorized agent.
   2. Pre-application Meetings:
      1. Purpose: Pre-application meetings provide an early opportunity for staff and applicants to discuss the procedures, standards and regulations required for development approval under this zoning ordinance.
      2. Applicability: Pre-application meetings are required whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases.
      3. Scheduling: Pre-application meetings must be scheduled with the building official.
      4. Guidelines: The building official is authorized to establish guidelines for pre-application meetings, including information that should be provided and any available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.
   3. Form of Application:
      1. Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications must include materials and information to assist authorized review and decision-making bodies in their consideration of the application, including at least the following:
         1. A list of the names and addresses of all owners of record of the property that is the subject of the application; and
         2. Maps, plats, surveys, dimensioned site plans, engineering documents, environmental reports, traffic studies, and other materials and information, as required by this zoning ordinance or application checklists established by the official responsible for accepting the application. Application forms and submittal requirements must be made available to the general public.
   4. Application Filing Fees and Notification Costs: All applications must be accompanied by the application fee that has been established by the village board and by an amount to cover the costs of required public hearing notices and publication¹.
   5. Application Completeness, Accuracy and Sufficiency:
      1. An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required application filing and notification fees.
      2. The official responsible for accepting the application must make a determination of application completeness within 10 business days of application filing.
      3. If an application is determined to be incomplete, the official responsible for accepting the application must provide notice to the applicant along with an explanation of the application’s deficiencies. Notice of an incomplete application may be provided by personal service, electronic mail or first-class mail.
      4. No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the first available processing cycle. If the deficiencies are not corrected by the applicant within 60 days, the application will be deemed to have been withdrawn.
      5. Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.
      6. The official responsible for accepting the application may require that applications or plans be revised before being placed on an agenda for possible action if the building official determines that:
         1. The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance requirements or other regulations;
         2. The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance requirements or other regulations; or
         3. The decision-making body does not have legal authority to approve the application.
4. Application Processing Cycles: The building official and other officials responsible for accepting applications, after consulting with review and decision-making bodies, is authorized to promulgate reasonable cycles and timelines for processing applications, including deadlines for receipt of complete applications.
5. Public Hearing Notice:
   1. Publication in Newspaper: Published notice is required for public hearings required under this zoning ordinance. This required notice must be published at least once in a newspaper of general circulation in Summit at least 15 days before and no more than 30 days before the public hearing. Required notices must include at least the following information:
      1. The address or legal description of the property that is the subject of the hearing;
      2. A summary of the nature of the application; and
      3. The time and place of the hearing.
   2. Courtesy Notice:
      1. In addition to required published notice, the village is authorized to provide or require that the applicant provide one or more of the following forms of additional notice of public hearings required under this zoning ordinance:
         1. Posting of at least one public hearing notice sign per 200 feet of street frontage, with a least one sign per street frontage²;
         2. Mailing notices to the subject property owner;
         3. Mailing notices to property owners within 250 feet of the subject property, as measured from the property line to property line, as measured from the property line to property line, but excluding public rights-of-way less than 150 feet in width (see Figure 15-1);
            
            Figure 15-1: Measurement of Mailed Notification Radius
            
            
         4. Mailing notices to village-registered property owners’ associations and neighbor organizations whose boundaries include the subject property;
         5. Posting notices in village hall or in other government buildings; and/or
         6. Publishing notice on the village website.
      2. Failure to provide any form of courtesy notice that is not required by state law or any defect in such courtesy notice does not invalidate, impair, or otherwise affect any application, public hearing or decision rendered in respect to the matter under consideration.
6. Hearing Procedures:
   1. At required public hearings, interested persons must be permitted to submit information and comments, verbally or in writing. The hearing body is authorized to establish reasonable rules and regulations governing the conduct of hearings and the presentation of information and comments.
   2. Once commenced, a public hearing may be continued by the hearing body. No re-notification is required if the continuance is set for specified date and time and that date and time is announced at the time of the continuance.
   3. If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing.
   4. If the applicant requests and is granted a continuance or postponement requiring renotification, the applicant must pay any costs of renotification.
7. Action by Review Bodies and Decision-Making Bodies:
   1. In taking action under the procedures of this chapter, review and decision-making bodies must act by simple majority vote of a quorum, unless otherwise expressly stated.
   2. Review and decision-making bodies may take any action that is consistent with:
      1. The regulations of this zoning ordinance;
      2. Any rules or by-laws that apply to the review or decision-making body; and
      3. The notice that was given.
   3. In acting on zoning map amendments, review and decision-making bodies are expressly authorized to recommend and approve a less intensive zoning district classification than the zoning district that was described in required public notices.
   4. Review and decision-making bodies are authorized to continue a public hearing or defer action in order to receive additional information or further deliberate.
8. Conditions of Approval: When decision-making bodies approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.
9. Decision-Making Criteria; Burden of Proof or Persuasion: Applications must address relevant review and decision-making criteria. In all cases, the burden is on the applicant to show that an application or proposal complies with all applicable review or approval criteria.
10. Required Time-frames for Action: Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension. Unless otherwise expressly stated, if a review or decision-making body does not render a decision or take action within any time period required under this zoning ordinance and the applicant has not agreed to an extension of that time limit, the application is deemed denied.

Notes:
¹ Current ordinance includes the fee amount ($600). The preferred practice would be to establish fees and charges as part of a separate resolution or ordinance of the board.
² Current ordinance includes required sign dimensions (4’x4’). The approach here would provide more flexibility for village officials to establish size requirements based on location or possible impacts of proposal.

1. Authority to File: Amendments to the text of this zoning ordinance may be initiated only by the village board, zoning board of appeals or the building official.
   Figure 15-2: Zoning Text Amendment Process (Generally)
2. Review and Recommendation—Building Official: The building official must prepare a report and recommendation on the proposed zoning ordinance text amendment. The report must be transmitted to the zoning board of appeals before its public hearing on the proposed amendment.
3. Notice of Hearing: Notice of the required public hearings on a zoning ordinance text amendment must be published in the newspaper in accordance with 11-15-1(E). Additional notice may also be provided in accordance with 11-15-1(E).
4. Hearing and Recommendation—Zoning Board of Appeals: The zoning board of appeals must hold a public hearing on the proposed zoning ordinance text amendment. Following the close of the public hearing, the zoning board of appeals must act to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its report and recommendations to the village board. If the zoning board of appeals arrives at a tie vote, the application may be forwarded to the village board with the notation of the tie vote.
5. Final Action—Village Board: Following receipt of the zoning board of appeals’ report and recommendation, the village board must act to approve the proposed zoning ordinance text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The village board is also authorized to remand the proposed text amendment back to the zoning board of appeals for further consideration.
6. Review and Approval Criteria: The decision to amend the zoning ordinance text is a matter of legislative discretion that is not controlled by any one standard. In making recommendations and decisions about zoning text amendments, review and decision-making bodies must consider all relevant factors, including at least the following:
   1. Whether the proposed text amendment is in conformity with the policy and intent of the comprehensive plan; and
   2. Whether the proposed zoning ordinance text amendment corrects an error or inconsistency or is necessary or desirable to meet the challenge of a changed or changing condition.

1. Authority to File: Amendments to the zoning map may be initiated only by the village board, the zoning board of appeals, the owner of the real property that is the subject of the proposed zoning map amendment or by the subject property owner’s authorized agent.
   Figure 15-3: Zoning Map Amendment Process (Generally)
2. Application Filing: Property owner-initiated applications for zoning map amendments must be filed with the building official. Property owners have the option of filing applications for zoning map amendments with or without a development plan.
3. Review and Recommendation—Building Official: Following receipt of a complete zoning map amendment application or initiation of zoning map amendment by the zoning board of appeals or the village board, the building official must prepare a report and recommendation on the proposed zoning map amendment. The report must be transmitted to the zoning board of appeals before its public hearing on the proposed amendment.
4. Notice of Hearing: Notice of the required public hearings on a zoning map amendment must be published in the newspaper in accordance with 11-15-1(E). Additional notice may also be provided in accordance with 11-15-1(E).
5. Hearing and Recommendation—Zoning Board of Appeals: Following receipt of a complete application for a zoning map amendment or initiation of a zoning map amendment by the zoning board of appeals or village board, the zoning board of appeals must hold a public hearing on the proposed amendment. Following the close of the public hearing, the zoning board of appeals must act to recommend that the proposed amendment be approved, approved with modifications, or denied.
6. Final Action—Village Board:
   1. Following receipt of the zoning board of appeals’ recommendation, the village board must act to approve the proposed zoning map amendment, approve the proposed amendment with modifications, including approval of a less intensive zoning district, or deny the proposed amendment. The village board is also authorized to remand the proposed zoning map amendment back to the zoning board of appeals for further consideration.
   2. Zoning map amendments may be approved by a simple majority vote, except as stated in 11-15-3(G).
7. Protest Petitions:
   1. If a valid protest petition is filed against any proposed zoning map amendment, passage of the zoning map amendment requires a favorable vote of two-thirds of the members of the entire village board.
      1. A protest petition will be deemed valid if it is signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately abutting or across an alley therefrom, or by the owners of the 20% of the frontage directly opposite the frontage proposed to be altered.
      2. A written protest petition opposing a zoning map amendment must be submitted to the village clerk at least 5 business days before the village board’s vote.
      3. When a written protest petition has been submitted, the protest petition must be served by the protestors upon the applicant and upon the applicant’s attorney, if any, by certified mail at the applicant’s and attorney’s addresses shown on the application.
8. Review and Approval Criteria: The decision to amend the zoning map is a matter of legislative discretion that is not controlled by any single standard. In making recommendations and decisions about zoning map amendments, review and decision-making bodies must consider at least the following factors:
   1. The existing use and zoning of nearby property;
   2. The extent to which the particular zoning restrictions affect property values;
   3. The extent to which any diminution in property value is offset by an increase in the public health, safety and welfare;
   4. The suitability of the subject property for the zoned purposes;
   5. The length of time that the subject property has been vacant as zoned, considering the context of land development in the vicinity;
   6. The value to the community of the proposed use; and
   7. The comprehensive plan.
9. Successive Applications: If a zoning map amendment application is denied, no application may be accepted that proposes reclassification of any portion of the same property for the same zoning classification for 12 months from the date of the village board decision to deny.

1. Overview:
   1. Planned development districts are established through the concurrent approval of:
      1. A PD zoning district map amendment, in accordance with the zoning map amendment procedures of 11-15-3; and
      2. A PD development plan application in accordance with the procedures of this section.
   2. Site plan approval is required after approval of the PD zoning map amendment and PD development plan. This section describes the required review and approval procedures for PD development plans and site plans.
2. Development Plan Approval Required: Approval of a PD development plan and site plan must occur before any building permit is issued and before any development takes place in a PD district. Permits may be issued for a phase of development within a section of an approved PD district if a development plan has been approved for the entire PD and a site plan has been approved for the subject property.
3. PD Development Plans:
   1. Preapplication Meeting: Before submitting an application for a PD district rezoning, the applicant must schedule a meeting with the building official to discuss the proposed project and the required process. The building official is responsible for coordinating the involvement of other relevant village departments in the preapplication meeting.
   2. Application Contents: An application for a PD district rezoning and PD development plan must contain all items of information specified in the preapplication meeting.
   3. Application Filing: Complete applications for PD development plan approval must be filed with the building official at the same time that the PD zoning map amendment application is filed. The zoning map amendment procedures of 11-15-3 apply to PD zoning map amendments except as expressly modified by the PD approval procedures of this section.
   4. Hearing and Recommendation—Zoning Board of Appeals: The zoning board of appeals must hold a public hearing on the proposed PD development plan and PD zoning map amendment. Following the close of the public hearing, the zoning board of appeals must act to recommend that the proposed plan and map amendment be approved, approved with modifications or conditions, or denied and transmit its recommendations to the village board.
   5. Final Action—Village Board: Following receipt of the zoning board of appeals’ recommendation, the village board may act to approve the proposed PD development plan and PD zoning map amendment, approve the proposed plan and amendment with modifications or conditions or deny the proposed plan and map amendment. The village board may also may remand the matter back to the zoning board of appeals for further consideration.
   6. Review and Approval Criteria: The decision to amend the zoning map to approve a PD development plan and to establish a PD district are matters of legislative discretion that are not controlled by any single standard. In making recommendations and decisions regarding approval of planned unit developments, review and decision-making bodies must consider at least the following factors:
      1. The zoning map amendment review and approval criteria of 11-15-3(H);
      2. Whether the proposed PD development plan and map amendment would be consistent with the comprehensive plan;
      3. Whether PD development plan complies with the PD district regulations of 11-6-2;
      4. Whether the proposed development will result in public benefits that are greater than or at least equal to those that would have resulted from development under conventional zoning regulations; and
      5. Whether appropriate terms and conditions have been imposed on the approval to protect the interests of surrounding property owners and residents, existing and future residents of the PD and the general public.
   7. Lapse of Approval: Applications for site plan approval must be filed within one year of the date of approval of the PD development plan and zoning map amendment, or the village board is authorized to initiate proceedings to rezone the property to the zoning classifications that existing immediately before PD approval.
4. Site Plans:
   1. Application Filing: Site plan applications must be filed with the building official.
   2. Review and Action by Building official; Appeals:
      1. The building official must review and take action on the site plan. The building official must approve the site plan if it complies with the approved PD development plan, all conditions of PD development plan approval and all applicable regulations of this zoning ordinance. If the submitted site plan does not comply with the approved PD development plan, any conditions imposed on that plan or any applicable regulations of this zoning ordinance, the building official must deny the site plan and notify the landowner in writing of the specific reasons for denial.
      2. In acting on site plans, the building official is authorized to approve the following minor deviations from an approved PD development plan:
         1. Any deviation expressly authorized as at the time of PD development plan approval;
         2. The addition of customary accessory uses and structures; and
         3. Changes to the development site or to structures necessitated by engineering, architectural or physical limitations of the site that could not have been foreseen at the time the development plan was approved.
      3. No other changes or amendments may be approved as part of the building official action on a site plan. Any other changes will be considered amendments to an approved PD development plan. Amendments are subject to 11-15-4(E).
      4. If the building official does not approve the site plan, the landowner may either: (1) resubmit the site plan to correct the plan’s inconsistencies and deficiencies, or (2) within 60 days of the date of notice of disapproval, appeal the decision of the building official. If an appeal is filed, the site plan must be processed in the same manner as a PD development plan, with review and recommendation by the zoning board of appeals and a final decision by the village board.
   3. Effect of Approval: Approval of a site plan must occur before any building permits are issued for the PD. Site plan approval does not constitute effective dedication of rights-of-way or any other public improvements, nor will the filed plan be the equivalent of or an acceptable alternative for the final platting of land prior to the issuance of building permits in the PD (if platting is required).
5. Amendments to Approved PD Development Plans:
   1. All the following constitute amendments to an approved PD development plan:
      1. Elimination or relaxation of a condition of approval imposed by the village board at the time of PD development plan approval;
      2. An increase in overall building coverage by more than 5%;
      3. An increase in building height by more than 10% or 5 feet, whichever is less;
      4. An overall reduction in the amount of usable open space, common open space or landscaping;
      5. A reduction in off-street parking by more than 10% or one space, whichever results in a greater reduction;
      6. A change in the vehicle circulation pattern that would increase points of access, change access to another street or increase projected traffic volumes; and
      7. Anything that the building official determines a material change, likely to create adverse impacts that were not considered as part of the PD development plan approval.
   2. Any amendment to an approved PD development must be processed as a new PD development plan, including all requirements for fees, notices and hearings.

1. Intent: The special use approval procedures of this section are intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.
2. Authorized Special uses: Only those special uses expressly authorized in this zoning ordinance may be approved as special uses.
3. Authority to File: Applications for special use approval may be filed only by the owner of the subject property or by the property owner’s authorized agent.
   Figure 15-4: Special Use Process (Generally)
4. Application Filing: Complete applications for special use approval must be filed with the building official.
5. Review and Report—Building Official: Following receipt of a complete application, the building official must prepare a report on the proposed special use. The report must be transmitted to the zoning board of appeals before the required public hearing.
6. Notice of Hearing: Notice of the required public hearings on special use applications must be published in the newspaper in accordance with 11-15-1(E). Additional notice may also be provided in accordance with 11-15-1(E).
7. Hearing and Final Decision—Zoning Board of Appeals: The zoning board of appeals must hold a public hearing on the special use application and act to recommend that the proposed special use be approved, approved with modifications and/or conditions, or denied and transmit its findings and recommendations to the village board.
8. Final Action—Village Board:
   1. Following receipt of the zoning board of appeals’ recommendation, the village board must act to approve the special use, approve the proposed special use with modifications, or deny the proposed special use. The village board is also authorized to remand the special use application back to the zoning board of appeals for further consideration.
   2. The village board is authorized to impose such conditions and restrictions upon the premises benefited by a special use as the board determines to be necessary to ensure compliance with applicable approval criteria, to reduce or minimize the effect of the special use upon other properties in the area, and to better carry out the general public and intent of this zoning ordinance.
9. Approval Criteria: No special use may be recommended for approval or approved unless the respective review or decision-making body determines that the proposed special use is consistent with and in substantial compliance with all village board policies and plans and that the applicant has presented evidence to support each of the following conclusions:
   1. That the proposed use is expressly authorized as a special use in the district in which it is to be located;
   2. That the proposed use at the proposed location is necessary or desirable to provide a service or a facility that is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community;
   3. That the proposed use will not, in the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity.
10. Lapse of Approval:
    1. An approved special use will lapse and become void 2 years after it is approved by the village board, unless a building permit has been issued and the project has commenced and is diligently pursued to completion. If no building permit is required, the use, improvement or activity that is the subject of the special use must be in place within the 2-year period.
    2. The village board may extend the expiration period by up to one year at the time of approval of the special use or any time before expiration of the approval. Requests for extensions after the special use is approved must be processed in accordance with the special use procedures, including applicable fees, notices and public hearings.
11. Transferability: Approved special uses run with the land and are not affected by changes of tenancy, ownership, or management.
12. Amendments:
    1. Amendments to approved special uses must be processed as new special use applications, including all requirements for fees, notices and public hearings, provided that the building official is authorized to approve the following:
       1. Any amendments expressly authorized as minor amendments at the time of special use approval;
       2. The addition of customary accessory uses and structures; and
       3. Changes to the development site or to structures necessitated by engineering, architectural or physical limitations of the site that could not have been foreseen at the time the special use permit was approved and that are not major changes.
13. Successive Applications¹: If a special use application is denied, no substantially similar application may be accepted for the same property for 12 months from the date of denial by the village board.

Notes:
¹ This is new.

1. Intent: These administrative adjustments procedures are intended to provide a streamlined approval procedure for relatively minor forms of zoning relief. While most variances require a public hearing before the zoning board of appeals (see 11-15-7, the building official is authorized to approve the administrative adjustments identified in this section without a public hearing.
2. Authorized Administrative Adjustments:
   1. The building official is authorized to grant the following administrative adjustments for principal and accessory buildings or structures:
      1. A reduction of the minimum required lot area by up to 10%;
      2. A reduction of the minimum required lot width by up to 10%; and
      3. A reduction of minimum required setbacks by up to 10% or 2 feet, whichever is greater.
      4. The building official is authorized to grant an administrative adjustment reducing minimum required off-street parking or loading requirements by up to 10% or one space, whichever is greater.
      5. The administrative adjustment provisions may not be used to vary, modify or otherwise override a condition of approval or requirement imposed by an authorized village decision-making body or the state or federal government.
3. Authority to File: Administrative adjustment applications may be filed by the subject property owner or by the property owner’s authorized agent.
4. Application Filing: Complete applications for administrative adjustments must be filed with the building official.
5. Notice of Filing/Intent to Approve: Within 5 business days of receipt of a complete application for an administrative adjustment, written notice of application filing must be delivered to all owners of property abutting within 100 feet of the subject parcel. The notice must describe the nature of the requested administrative adjustment. It must also indicate the date on which the building official will take action on the application and that the application will available for review and comment until that date. Any interested party may submit written comments concerning the application to the building official.
6. Action by Building official:
   1. The building official must review each application for an administrative adjustment and act to approve the application, approve the application with conditions, deny the application or refer the application to the zoning board of appeals for consideration as a variance.
   2. The building official may not take final action to approve or deny an administrative adjustment application until at least 10 days after the date of mailing or delivery of the required notices.
   3. The building official’s decision to approve or deny an administrative adjustment must be based on the approval criteria and standards of 11-15-6(G) and accompanied by written findings of fact.
   4. At least once per calendar year, the building official must provide to the zoning board of appeals and the village board a listing of all administrative adjustment decisions.
7. Standards and Review Criteria: Administrative adjustments may be approved only when the building official determines that any specific standards associated with the authorized administrative adjustment and the following general approval criteria have been met:
   1. The requested administrative adjustment is consistent with all relevant purpose and intent statements of this zoning ordinance and with the general purpose and intent of the comprehensive plan;
   2. The requested administrative adjustment will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare; and
   3. Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible.
8. Conditions of Approval: In granting an administrative adjustment, the building official is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this zoning ordinance.
9. Transferability: Approved administrative adjustments run with the land and are not affected by changes of tenancy, ownership, or management.
10. Amendments: A request for changes in the specific nature of the approved administrative adjustment or changes to any conditions attached to an approved administrative adjustment must be processed as a new administrative adjustment application, including the requirements for fees and notices.
11. Lapse of Approval:
    1. An approved administrative adjustment will lapse and have no further effect one year after it is approved by the building official, unless:
       1. A building permit has been issued (if required); or
       2. The use or structure has been lawfully established.
    2. The building official is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to 6 months each. Requests for extensions must be submitted to the building official before the administrative adjustment expires. No hearings, notices or fees are required for extensions.
    3. An administrative adjustment also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the administrative adjustment.
12. Appeals: The applicant or any interested party may appeal the decision of the building official by filing a variance application in accordance with 11-15-7.

1. Intent: A variance is a grant of relief to a property owner from strict compliance with the zoning regulations of this zoning ordinance. The intent of a variance is not to simply remove an inconvenience or financial burden that may result from compliance with applicable zoning requirements. Variances are intended to help alleviate an undue hardship that would be caused by strict enforcement of the subject zoning ordinance requirements. They are intended to provide relief when the requirements of this zoning ordinance render property very difficult or impossible to put to reasonable use because of some unique or special characteristics of the property itself.
   Figure 15-5: Variance Process
2. Authorized Variances: The zoning board of appeals is authorized to grant a variance to any regulation in this zoning ordinance in accordance with the variance procedures of this section, except that the variance procedures of this section may not be used to do any of the following:
   1. Allow a principal or an accessory use in a zoning district that is not otherwise allowed in that zoning district (i.e., “use variances” are prohibited);
   2. Allow an accessory use on a lot that is not occupied by the principal use that such accessory use serves;
   3. Waive, modify or amend any definition or use classification;
   4. Waive, modify or otherwise vary any of the review and approval procedures of this chapter;
   5. Waive, vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decision-making body or the state or federal government; or
   6. Waive, vary or modify applicable residential density regulations, provided that this provision is not intended to prohibit variances to minimum lot area or width requirements that apply to lots occupied by a single dwelling unit.
3. Authority to File: Variance applications may be filed only by the owner of the subject property or by the property owner’s authorized agent.
4. Application Filing: Complete applications for variances must be filed with the building official.
5. Review and Report—Building Official: Following receipt of a complete application, the building official must prepare a report on the requested variance. The report must be transmitted to the zoning board of appeals before the required public hearing.
6. Notice of Hearing: Notice of the required public hearings on a variance applications must be published in the newspaper in accordance with 11-15-1(E). Additional notice may also be provided in accordance with 11-15-1(E).
7. Hearing and Final Decision—Zoning Board of Appeals:
   1. Following receipt of a complete variance application, the zoning board of appeals must hold a public hearing to consider the requested variance. Following the close of the public hearing, the zoning board of appeals must act to approve the requested variance, approve the variance with modifications and/or conditions, or deny the variance request based on the standards and review criteria of 11-15-7(H).
   2. In approving a variance, the zoning board of appeals is authorized to impose such conditions and restrictions as the board determines to be necessary to ensure compliance with the standards of 11-15-7(H), to reduce or minimize the effect of the variance upon other properties in the area, and to better carry out the general purpose and intent of this zoning ordinance.
8. Standards and Review Criteria:
   1. No variance may be approved unless the zoning board of appeals determines that the following facts, favorable to the property owner, have been established:
      1. That the physical surroundings, shape, or topographical conditions of the subject property would result in unnecessary hardships or practical difficulties for the property owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;
      2. That literal enforcement of the subject zoning ordinance provision is not necessary to achieve the provision’s intended purpose;
      3. That the conditions leading to the need of the requested variance are unique to the subject property and not applicable, generally, to other property within the same zoning classification;
      4. That the alleged practical difficulty or unnecessary hardship was not created or self-imposed by the current property owner;
      5. That the variance to be granted is the minimum variance that will afford relief;
      6. That the variance to be granted will not alter the essential character of the neighborhood in which the subject property is located, nor substantially or permanently impair use or development of adjacent property; and
      7. That the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of this zoning ordinance or the comprehensive plan.
9. Lapse of Approval:
   1. An approved variance will lapse and become void 2 years after it is granted by the zoning board of appeals, unless a building permit for the work or improvements authorized has been issued and the project has commenced and is diligently pursued to completion. If no building permit is required, the improvement that is the subject of the variance must be in place within the 2-year period.
   2. The zoning board of appeals may extend the expiration period by up to one year at the time of approval of the variance or any time before expiration of the approval. Requests for extensions after the variance is approved must be processed in accordance with the variance procedures, including applicable fees, notices and public hearings.
10. Transferability: Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.
11. Amendments: A request for changes in the specific nature of the approved variance or changes to any conditions attached to an approved variance must be processed as a new variance application, including all requirements for fees, notices and public hearings.

1. Authority: The zoning board of appeals is authorized to hear and decide all appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the building official or any other administrative official in the administration, interpretation or enforcement of this zoning ordinance.
   Figure 15-6: Appeals of Administrative Decisions (Generally)
2. Right to Appeal: Appeals of administrative decisions may be filed by any person aggrieved by the administrative official’s decision or action. The zoning board of appeals is authorized to make determinations about whether individuals filing appeals are “aggrieved” by the decision or action.
3. Application Filing:
   1. Complete applications for appeals of administrative decisions must be filed with the building official and the administrative official who made the decision being appealed.
   2. Appeals of administrative decisions must be filed within 30 days of the date of the decision being appealed.
4. Effect of Filing: The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the building official or the administrative official who made the decision being appealed certifies to the zoning board of appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the zoning board of appeals or by a court of record based on due cause shown.
5. Record of Decision: Upon receipt of a complete application of appeal, the building official or other administrative official whose decision is being appealed must transmit to the zoning board of appeals all papers constituting the record related to decision being appealed
6. Notice of Hearing: Notice of the zoning board of appeals’ required public hearing must be provided as follows (see 11-15-1(E) for additional information on required newspaper and mail notices).
   1. Newspaper Notice: Notice must be published in the newspaper at least 10 days before the scheduled public hearing.
   2. Mailed Notice: When an appeal affects a specific property, notice must be mailed to the owner of the subject property and all owners of property within 300 feet of the subject property at least 10 days before the scheduled public hearing.
7. Hearing and Final Decision:
   1. The zoning board of appeals must hold a public hearing on the appeal.
   2. Following the close of the public hearing, the zoning board of appeals must make its findings and take action on the appeal.
   3. In exercising the appeal power, the zoning board of appeals has all the powers of the administrative official from whom the appeal is taken. The zoning board of appeals may affirm or may, upon the concurring vote of at least 3 members, reverse, wholly or in part, or modify the decision being appealed.
   4. In acting on the appeal, the zoning board of appeals must grant to the official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
8. Review Criteria: The decision being appealed may be reversed or wholly or partly modified only if the zoning board of appeals finds that the building official or other administrative official erred.