Waverly Village City Zoning Code
ARTICLE VI
Board of Appeals
§ 153-26 Creation and organization of Board of Appeals.
A Board of Appeals is hereby created and shall consist of three members. The Board shall appoint a secretary and shall prescribe rules for the conduct of its affairs. The Board shall have two alternate members who shall serve in the event a regular Board member is absent or has a conflict of interest with an application before the Board.
§ 153-27 Powers and duties.
The Board of Appeals shall have all the following powers and duties.
A.
Interpretation. Upon appeal from a decision by the Enforcement Officer or Planning Board, to decide questions involving the interpretation of any provision of this chapter.
B.
Variances. To vary the strict application of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. No variance in the strict application of any provision of this chapter shall be granted by the Board unless it finds and records in its minutes that:
(1)
There are special circumstances applying to the land or buildings not applying generally to land or buildings in the neighborhood, and that strict application of this chapter would deprive the applicant of the reasonable use of such land or buildings. A self-imposed hardship or physical condition problem shall not constitute a valid cause for the granting of a variance.
(2)
Granting of the variance is necessary and reasonable, and the variance is the minimum that will accomplish this purpose.
(3)
Granting of the variance will be in harmony with the general purpose and intent of this chapter and the development plan of Waverly, and will not be in injurious to the neighborhood or otherwise detrimental to the public welfare.
C.
In granting any variance, the Board of Appeals shall prescribe conditions that it deems to be necessary or desirable.
D.
Procedure before Board of Appeals.
(1)
The Board of Appeals shall act in strict accordance with the procedure specified by this chapter. All appeals and applications made shall be in writing on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the ordinance involved, and shall set forth the interpretation claimed, the use for which the appeal is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.
(2)
At the next regularly scheduled meeting of the Board of Appeals, the Board will discuss the case with an applicant and cause a public hearing to be held at least within 45 days, such time necessary for reviews by the County Planning Board in its area of jurisdiction and/or by the Village Planning Board.
(3)
At least five days before the date of the public hearing, the secretary shall transmit to the Village Planning Board and County Planning Board when necessary a copy of the notice of the hearing and relevant materials. The Planning Board shall submit a report of its advisory opinion prior to the date of the hearing. Failure of the Planning Board to submit a report shall be deemed to signify approval of the application or appeal.
[Amended 6-8-2004 by L.L. No. 2-2004]
(4)
Every decision of the Board of Appeals shall be by resolution, which shall contain a full record of their findings in the case.
(5)
At least seven days prior to the public hearing, the secretary shall cause written notice to all adjoining property owners.
[Amended 6-8-2004 by L.L. No. 2-2004]