CONTENTS

ARTICLE I
PURPOSE, TITLE AND AUTHORITY

ARTICLE II
RULES APPLYING TO THE TEXT

ARTICLE III
GENERAL REGULATIONS

ARTICLE IV
ESTABLISHMENT OF DISTRICTS

ARTICLE X
SPECIAL LAND USES

ARTICLE XI
SITE PLAN REVIEW

ARTICLE XV
AMENDMENT PROCEDURES

ARTICLE XVII
VALIDITY

ARTICLE XVIII
REPEALER

ARTICLE XIX
EFFECTIVE DATE

ARTICLE XIII ZONING BOARD OF APPEALS

• PURPOSE

In order that the objectives of this Ordinance may be fully and equitably achieved, that a means shall be provided for competent interpretation of this Ordinance, that the health, safety and welfare of the public be secured, and that justice be done, there is hereby established a Village Zoning Board of Appeals.

• CREATION

The Beulah Village Council shall act as the Zoning Board of Appeals. The Council may appoint two alternate members of the Zoning Board of Appeals for terms of two years. The alternate members shall be called on a rotating basis to sit as regular members of the Zoning Board of Appeals in the absence of a regular member. An alternate member may also be called by the Council to serve in the place of a regular member for the purpose of reaching a decision on a case in which a regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.

13.3 RULES OF PROCEDURE

A.Rules . The Board shall adopt rules and regulations to ensure proper conduct of its meetings. Copies of such regulations shall be made available to the public at the office of the Village Clerk.

B. Meetings . Meetings of the Board shall be open to the public and shall be held at the call of the Chairman and at such times as the Board may determine.

C. The Board Shall Act by Resolution . The concurring vote of a majority of the entire Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant concerning any matter upon which the Board is required to pass under this Ordinance or to grant dimensional variances from the requirements of this Ordinance. The concurring vote of two-thirds (2/3) of the entire Zoning Board of Appeals, however, shall be necessary to grant any use variance under this Ordinance.

D. Records . Minutes shall be recorded of all proceedings that shall contain evidence and data relevant to every case considered together with the votes of the members and the final disposition of each case. The findings of every determination shall be stated. Such minutes shall accompany and be attached to the standard forms required of persons appealing as part of the Zoning Board of Appeals' permanent records. Such minutes shall become a public record and as such be filed in the office of the Village Clerk. A copy of the decision shall be sent promptly to the applicant and the Zoning Administrator.

• Secretary and Counsel . The Village Clerk shall act as secretary and all records of the Board's action shall be taken and recorded under his/her direction. The Village attorney may be requested to attend any meeting of the Zoning Board of Appeals.

F. Conflict of Interest. The Chairperson shall inquire whether any member has any financial or other private interest in a matter before the Zoning Board of Appeals. Such member shall remove himself/herself from any all discussion and shall not vote thereon. The Secretary shall note that such action has been taken. A conflict of interest occurs when one (1) of the following applies to a member:

• A relative or other family member is involved in any request for which the Zoning Board of Appeals is asked to make a decision;

• The Zoning Board of Appeals member has a business or financial interest in the property involved in the request or has a business or financial interest in the applicant/owner’s company, agency, or association;

• The Zoning Board of Appeals member owns or has a financial interest in a neighboring property. For purposes of this section, a neighboring property shall include any property that is adjacent and shares a common property line with the subject property or is directly across a road right-of-way or alley of the subject property.

• There is a reasonable appearance of a conflict of interest, as determined by the Zoning Board member declaring such conflict.

13.4 APPEALS PROCEDURES

A. Appeals . Appeals to the Zoning Board of Appeals may be taken by any person aggrieved, or by an officer or Board of the Village.

B. Filing of an Appeal . Any appeal from a ruling of the Zoning Administrator shall be made within thirty (30) days after receipt of the ruling. The person making the appeal shall file with the Zoning Administrator a signed notice of appeal specifying the grounds for the appeal. The Zoning Administrator shall immediately transmit all the papers concerning the case being appealed to the Zoning Board of Appeals.

C. Hearings . When a notice of appeal has been filed in proper form with the Zoning Board of Appeals, the Secretary shall place the request for appeal upon the calendar for hearing and shall cause notices stating the time, place and object of the hearing to be served personally or by mail addressed to the parties making the request for appeal, at least fifteen (15) days prior to the date of the scheduled hearing. Notice shall also be served personally or by mail to all persons to who own any real property within three hundred (300') feet of the premises in question.

The Zoning Board of Appeals may recess such hearings from time to time; and, if the time and place of the continued hearing be publicly announced at the adjournment, no further notice shall be required.

D. Decisions . The Zoning Board of Appeals shall return a decision upon each case within sixty (60) days after a request or appeal has been filed with the Board unless additional time is agreed upon with the parties concerned. Decisions made by the Zoning Board of Appeals will be forwarded, in writing, to the appealing party and the Zoning Administrator.

E. Representation . Any party may appear in person or by agent or by attorney at a hearing considering his request or appeal.

13.5 DUTIES AND POWERS OF THE ZONING BOARD OF APPEALS

A. Decide Appeals . The Zoning Board of Appeals shall hear and decide appeals from any review, any order, requirement, interpretation, decision or determination made by the Zoning Administrator in the administration of this Ordinance.

B. Make Interpretations . The Board shall have the power to:

1. Hear and decide, upon appeal, the interpretation of the provisions of this Ordinance;

2. Determine the precise location of the boundary lines between zoning districts when there is dissatisfaction with a decision on such subject made by the Zoning Administrator.

C. Consider Variances . The Board shall have the power to investigate and grant the following variances from the strict requirements of this Ordinance so that the spirit of the Ordinance is observed, public safety secured, and substantial justice done.

1.Dimensional Variances :A dimensional variance may be granted by the Zoning Board of Appeals only in cases where the applicant demonstrates in the official record of the public hearing that practical difficulty exists by showing all of the following:

a. That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicant's personal or economic difficulty.

b. That the need for the requested variance is not the result of actions of the property owner or previous property owners (self-created).

c. That strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.

d. That the requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district.

• That the requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zoning district.
• Whether the proposed variance would confer on the applicant/property owner special privileges denied other lands, structures, or buildings in the same zoning district.

2.Use Variances : A use variance may be granted by the Zoning Board of Appeals only in cases where the applicant demonstrates in the official record of the public hearing that undue hardship exists by showing all of the following:

a. The building, structure, or land cannot be reasonably used for any of the uses permitted by right or by special use permit in the zoning district in which it is located.

b. That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicant's personal or economic hardship.

c. That the proposed use will not alter the essential character of the neighborhood.

d. That the need for the requested variance is not the result of actions of the property owner or previous property owners

(self-created).

e. Whether the proposed variance would confer on the applicant/property owner special privileges denied other lands, structures, or buildings in the same zoning district.

3. Rules Applicable to Variances . In addition to the foregoing conditions, the following rules shall be applied in the granting of variances:

a. In granting a variance the Zoning Board of Appeals may specify, in writing, to the applicant such conditions in connection with the granting that will, in its judgment, secure substantially the objectives of the regulations or provisions to which such variance applies. The breach of any such condition shall automatically invalidate the variance granted.

b. No application for a variance which has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of one (1) year from the date of the last denial, except 1) on grounds of newly discovered evidence, or 2) proof of changed conditions found upon inspection by the Board of Appeals to be valid, or 3) when the Village Attorney, by a written opinion, states that in the attorney's professional opinion, the decision made by the Zoning Board of Appeals or the procedure used in the matter was clearly erroneous.

• Each variance granted shall become null and void unless the provisions of the variance have been utilized by the applicant within twelve (12) months after the granting of the variance.

D. Special Exceptions. The Zoning Board of Appeals, after a public hearing, shall have the authority to grant special exceptions for temporary dwelling units subject to the provisions of Section 3.5 of this Ordinance.

• STAY OF PROCEEDINGS

An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the notice of the appeal shall have been filed with him, that for reasons of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be granted by the Zoning Board of Appeals or, on application, by the Circuit Court on notice to the officer from whom the appeal is taken and on due cause show.