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HomeMy WebLinkAboutORDINANCE - 746 - 5/11/1971 - ZONING ORDINANCE AMENDEDORDINANCE NO. 7h6 AN ORDINANCE AMENDING ARTICLE XVI (BOARD OF APPF,ALS) OF THE ZONING ORDINANCE OF TIIE VILLAGE OF ELI: GROVE VILLAGE NOW.. TFFEP.EFPOREp BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois, that the following sections of Article XVI of the Zoning Ordinance of the Village of Elk Grove Village be so amended as to read as follows: "Section 3: Appeal. An appeal may be taken to the Board of Appeals by any person, firm or corporation aggrieved, or by any officer, department, board or bureau of the Village affected by a decision of the Building Inspector relative to this ordinance. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Building In - specter and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stall all proceedings in furtherance of an action appealed from. The board shall select a reasonable time and place for the hearing on the appeal and give due notice thereof to the parties and shall render a reconunendation on the appeal. without un- reasonable delay to the President and Board of Trustees, which shall make the final decision on the appeal. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney." -1- "Section 5 (Decision). The Board shall recommend to the President and Board of Trustees the reversal or affirmation, wholly or partly, or shall recommend to the President and Board of Trustees the modification or amendment of the order, requirement, decision, or determination appealed from to the extent and in the manner that the Board recommends to the President and Board of Trustees to be fitting and proper in the premises." "Section 6. Variations. When a property owner shows that a strict application of the terms of this ordinance relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him practical difficulties or parti- cular hardship, then the Board may recommend to the President and Board of Trustees that such variations of the strict application of the terms of this ordinance as are in harmony with its general pur- poses and intent when the Board is satisfied, under the evidence heard before it, if the President and Board of Trustees grant the variation, such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hard- ship or difficulty so great as to warrant a variation in the following instances: (a) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record. (b) To permit the reconstruction of a non -conforming building which has been destroyed or damaged to an extent of more than fifty (50%) percent of its value by fire, act of God, or the public enemy, where the Board shall find some compelling public necessity requiring a continuation of the non -conforming use, but in no case, shall the board recommend to tle President and Board of Trustees -2- that such a permit be issued if its primary function is to continue a monopoly. (c) To permit the erection and use of a building or the use of premises in which any location for a public service corporation for public utility purposes which the Board deems reasonably nec- essary for the public convenience or welfare. (d) To make a variance where, by reason of an exceptional situation, surroundings, or condition of a !pecific piece of property, or by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record or by reason or exceptional topographical conditions the strict application of any provision of this ordinance would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a practical confiscation of property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the com- prehensive plan as established by the regulations and provisions contained in this ordinance. (e) To interpret the provisions of this ordinance where the street layout actually on the ground varies from the street layout as shown on the District Map fixing the s�vergl districts. (f) The Board of Appeals shall submit to the President and Board of Trustees a written finding of fact for each appeal heard by it." "Section 7. Vote Required. In considering all appeals and all proposed variations to this ordinance, the Board shall, before making recommendation tD the President and Board of Trustees for a variance from the ordinance in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property or 3 reasonably increase the congestion. in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the Village. The concurring vote of four (4) members of the Board shall be necessary to recommend to the President and Board of Trustees to reverse any order, requirement, decision or determination of the Building Inspector, or recommend to the President and Board of Trustees to decide in favor of the applicant any matter upon which it is authorized by this ordinance to render a decision." "Section B. Notice. The Board shall make no recommendation to the President and Board of Trustees for a variation except in a specific case and after a public hearing conducted by the Board. A notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the Village not less than fifteen (15) nor more than thirty (30); days previous to the hearing. Such notice shall contain the address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal_" Section 2: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. Vote: Ayes 6 Nays 0 Absent--o— PASSED AND APPROVED this L.th day of May , 1971. Jack D. Pahl Village President ATTEST: Richard A. McGrenera Village Clerk Published this ]9th day of Mrly in the Elk Grovc herald. .