Section 21.04
A variance requires approval of 2/3 of the members of the Zoning Board of Appeals.
The public hearing shall be advertised by at least one (1) publication in a newspaper of general circulation in the village not less than 15 days before the date of the hearing. Notice shall be given to the owners of the property that is the subject of the request, to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request, and to all occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery services not less than 15 days before the date of the request will be considered. In the case of occupants of a structure where the identity of each occupant is unknown, it shall be sufficient to address the notice to “occupants” without specifically naming each occupant. Said notice shall indicate the following:
a. Describe the nature of the request. b. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such address currently exists within the property. If there are not street addresses, other means of identification may be used. c. State when and where the request will be considered. d. Indicate when and where written comments will be received concerning the request.
Upon the day for the hearing of any application or appeal, the Board may adjourn the hearing in order to obtain additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in the application or appeal. In the case of an adjourned hearing, persons previously notified, and persons already heard need not be notified of the time of resumption of the hearing if it is set before adjournment.
At the hearing, any party may be heard in person or by agent or attorney.
The Board may reverse or affirm wholly or partly the administrative decision; or may modify the order, requirement, decision or determination at issue, and to that end shall have all the powers of the officer from whom the appeal was taken. The Board may issue or direct the issuance of a permit.
Each appeal or application for variance shall be accompanied by a filing fee to be determined by the Village Council which shall be deposited by the Zoning Administrator with the Village Treasurer.