Village of Random Lake Ordinance
CHAPTER 17 - ZONING CODE

17.25 BOARD OF ZONING APPEALS. 

(1) MEMBERSHIP.  (a)  The Board of Zoning Appeals shall consist of 5 members appointed by the Village President, subject to confirmation by the Village Board, for staggered terms of 3 years.  Two alternate members shall be appointed by the Village President for terms of 3 years and shall act only when a regular member is absent or refuses to vote because of interest.

(b)Officers.  The Village President shall designate the Chairman of the Board.  The Clerk?]Treasurer or Deputy Clerk shall serve as Secretary to the Board.

(2)APPEALS TO BOARD.  (a) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the administrative officers.  Such appeal shall be taken within 30 days from either the date of actual notice of said decision to the person aggrieved or from the date of the mailing of a copy of said decision to him, whichever is earlier, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof.  Filing with the Board shall be accomplished by filing with the Clerk?]Treasurer.

(b)The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

(c)The Board shall fix a reasonable time for the hearing of the appeal and shall give public notice thereof by publication once in the Village's official newspaper, said publication to be not less than 5 days before said hearing nor more than 15 days before said hearing and shall give notice to the parties in interest and shall decide the same within a reasonable time.

(d)A filing fee shall accompany each such appeal and no such appeal shall be deemed properly filed unless said fee is paid.  See fee schedule on file in Village Clerk/Treasurer’s Office.

(3)POWERS OF BOARD.  The Board shall have the following powers:

(a)To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official.

(b)To hear and decide special exceptions to the terms of this chapter upon which the Board is required to consider.

(c)To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

(d)Permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter for such public utility purposes which are reasonably necessary for public convenience and welfare.

(e)The Board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the administrative official.  The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.

(4)OTHER POWERS.  In addition to the foregoing, the Board shall have the following specific powers:

(a)To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development, such permit to be issued for a period of not more than 6 months.

(b)To grant a permit for the extension of a district boundary for a distance of not more than 25 feet where the boundary of a district divides a lot in single ownership at the time of the adoption of this chapter.

(c)To permit the temporary storage, as defined herein, of an item otherwise prohibited under section 17.03 of this chapter.

(d)To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown on the Official Map accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout on the aforesaid map.

(e)The Board shall have the power to call on any other Village department for assistance in the performance of its duties and it shall be the duty of such other department to render such assistance as may be reasonably required.

            (5)            POWERS LIMITED.  Except as specifically provided, no action of the Board shall have the effect of permitting in any district uses prohibited in such district; nor shall such Board be permitted to take any action which would, in effect, create a buildable lot smaller than the minimum lot size or area otherwise required by the Village.