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ORDINANCE No. 2022 -23 Page 3 EXHIBIT A CHAPTER 122 APPEALS OF DECISIONS OF THE BOARD OF ZONING APPEALS TO COUNCIL 122.01 BOARD'S STANDARD (A) The Board shall not grant a variance or exception to the zoning regulations or building code, unless the applicant has shown that the literal application of the zoning or building code would result in practical difficulties as a result of some peculiar or unique condition or circumstance pertaining to the zoning lot in question. (B) The seven (7) non-exclusive factors to consider whether practical difficulties exist are as follows: 1) Whether the property in question will yield a reasonable return, or whether there can be any beneficial use of the property without the variance being requested; 2) Whether the variance is substantial; 3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial determinant as a result of the variance; 4) Whether the variance would adversely affect the delivery of governmental service; 5) Whether the property owner purchased the property with knowledge of the zoning restriction; 6) Whether the property owner's predicament feasibly can be obviated through some other method other than a variance; and 7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance. 122.02 RIGHT TO APPEAL 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 (10) days of receiving notice of such decision, or approval of the minutes at which such action was determined, whichever is the earlier. 122.03 ROLE OF COUNCIL In hearing appeals of a decision of the Board under Codified Ordinance Section I I05.02(d), and Article 4, Section 12(A) of the Village's Charter, 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, or with a two-thirds (2/3`d) majority vote of all members elected or appointed, modify or reverse the decision. 122.04 ABUSE OF DISCRETION STANDARD OF REVIEW Ln