(a)

Generally. The board of adjustment has the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building official in the enforcement of this chapter; and

(2)

Variance. To hear and decide on appeal 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.

(b)

Procedure for variance.

(1)

Written application for variance. The written application for a variance, together with the fee and expenses incurred by the village, shall be submitted to the board of adjustment, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, indicating the section of this chapter under which the variance is sought and stating the grounds on which it is requested. Prior to the granting of a variance, a public hearing must be held.

(2)

Notice of public hearing. Notice of such public hearing shall be given to the owner of the property for which the variance is sought, or his agent and to all owners of real property lying within 200 feet of the subject property, such notice to be given not less than ten days before the date for hearing, to all owners as the ownership appears on the last approved village tax rolls. Such notice may be served by depositing the same, properly addressed and postage paid, in the U.S. post office. Notice of the time and place of such hearing shall also be given by one publication in the official newspaper of the village or in a newspaper having general circulation within the corporate limits of the village at least 15 days prior to such hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

(3)

Public hearing. At the public hearing, any party may appear in person or by agent or attorney. At the conclusion of the hearing, the board of adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the variance and that the granting of the variance will not adversely affect the public interest. In addition, before granting a variance from the terms of such section of this chapter, the board of adjustment shall find that, owing to special conditions therein specified, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, but the granting thereof will still permit the spirit of the chapter to be observed and substantial justice done.

(4)

Board findings, may prescribe appropriate conditions and safeguards. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Any violations of such conditions or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable as provided by this chapter.

(5)

Time limit for variance. The board of adjustment shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. The failure to begin or complete, or both, such action within the time limits set shall void the variance.

(c)

Decisions of the board of adjustment.

(1)

May reverse, affirm or modify requirements. In exercising the above mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have powers of the building official from whom the appeal is taken.

(2)

Minimum vote needed for decision. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to grant any variation in the application of this chapter.

(Ord. No. 97-24, § 2(8(2)), 11-11-1997; Ord. No. 201410, § 13, 8-19-2014)