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1105.01 ESTABLISHED. <br />There is hereby established a Board of Appeals having the powers and duties and consisting of such <br />members as provided under the Charter. <br />1105.02 GRANTING VARIANCES. <br />~~ Any property owner, or person with a lawful interest in a subject property, may appeal the <br />decision of the Building Commissioner or Planning Commission for the purpose of obtaining an <br />exception to, or variance from, the application of resolutions, ordinances, regulations, building codes, <br />measures and orders of administrative officials or agencies governing zoning and building codes in the <br />Municipality. <br />{c-~ No variance or exception to the codes of the Municipality shall be considered by the Board until <br />reasonable advance notice of the request has been sent to all property owners within 300 feet and all <br />adjoining and facing properly owners. However, IaslEfailure of service on any individual property <br />will not nullify any variance granted by the Board. <br />~ {-a~ In Residential Districts only the Board of Appeals shall have NO power or authority to grant <br />any change of or variance in any land use or classification of the district from the existing zoning <br />ordinances or the Zoning Map of the Municipality, or to permit any Residential land use to become <br />nonconforming therewith. <br />(d) After the Board has rendered its decision on a particular case, any interested party may appeal the <br />decision of the Board to Council within ten days of receiving notice of such decision, or approval of the <br />minutes at which such action was determined, whichever is the earlier. Council may review the transcript <br />and minutes of the Board hearing, or have a rehearing in front of Council, and may affirm the decision of <br />the Board of Zoning Appeals, or, with atwo-thirds majority vote, modify or reverse the decision. <br />However any. rgranting of a "Use" variance in any non-residential district will automatically go to Village <br />Council for review and approval per Article III, sections 10, 11 and 12 of the Charter, which includes a <br />mandatory referral to the Planning Commission for report and recommendation. <br />(e) The Board may not grant a variance or exception to the zoning regulations or building codes, unless <br />the applicant has shown that the literal application of the provisions of the zoning code or building code <br />would result in practical difficulties as a result of some peculiar or unique <br />condition or circumstance pertaining ems} to the zoning lot in question. <br />EXHIBIT A <br />