2022 22 ORDINANCE - Laserfiche WebLink

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ORDINANCE No. 2022 -22 Page 3 EXHIBIT A 1105.01 ESTABLISHED. There is hereby established a Board of Zoning Appeals having the powers and duties and consisting of such members as provided under the Charter. 1105.011 ALTERNATE MEMBERS. In addition to the regular membership of the Board of Zoning Appeals the Mayor may, with the aqpproval of Council, appoint up to two (2) alternate members of the Board who will be designated as alternate members to each serve a term of four (4) years When the Secretary of the Board of Zoning Appeals has notice that a standing board member will be absent from a scheduled meeting or vote, the Secretary shall contact an alternate to request their attendance at the Board's scheduled meeting. If that alternate is not available the remaining alternate shall be contacted The alternates shall be contacted by the Secretary in an ongoing alternating fashion Alternate members, who attend the Board's scheduled meeting will receive the same compensation paid to other standing members of the Board. When an alternate is replacing an absent standing board member, the alternate shall participate in the discussion of any matter before the Board and shall vote An absence may be caused for any reason including sickness and/or a conflict of interest however, the alternate member(s) shall not vote if five (5) standing members of the Board are present and able to do so. 1105.02 GRANTING VARIANCES. (a) Any property owner, or person with a lawful interest in a subject property, may appeal the decision of the Building Commissioner or Planning Commission for the purpose of obtaining an exception to, or variance from, the application of resolutions, ordinances, regulations, building codes, measures and orders of administrative officials or agencies governing zoning and building codes in the Municipality. (b) No variance or exception to the codes of the Municipality shall be considered by the Board until reasonable advance notice of the request has been sent to all property owners within 300 feet and all adjoining and facing property owners. However, failure of service on any individual property will not nullify any variance granted by the Board. (c) In Residential Districts only the Board of Appeals shall have no power or authority to grant any change of or variance in any land use or classification of the district from the existing zoning ordinances or the Zoning Map of the Municipality, or to permit any Residential land use to become nonconforming therewith. (d) After the Board has rendered its decision on a particular case, any interested party may appeal the decision of the Board to Council within ten days of receiving notice of such decision, or approval of the minutes at which such action was determined, whichever is the earlier. Council may review the transcript and minutes of the Board hearing, or have a rehearing in front of Council, and may affirm the decision of the Board of Zoning Appeals, or, with a two-thirds majority vote, modify or reverse the decision. However, any granting of a "Use" variance in any non-residential district will automatically go to Village Council for review and approval per Article III,