A. Application For Variance: An application for a variance from the provisions of this title shall be filed with the Planning and Zoning Office. At the time of application, the applicant will submit the list of property owners and their mailing addresses within a two hundred foot (200') radius of the subject variance application, excluding rights-of-way. The Village will notify surrounding property owners pursuant to subsection 9-3-6E of this chapter.
B. Types Of Variances:
1. Granting Of Variance: The Council may grant a variance from the terms of this title with respect to:
a. Total size, area, bulk, or open space requirements;
b. Criteria for buildings;
c. Lot area;
d. Floor area;
e. Height;
f. Slope;
g. Setbacks; and
h. Parking and other building or lot characteristics not associated with the use or uses.
2. Changing Of Uses By Variance Prohibited: The Village Council shall not change the uses, permitted or conditional, as set forth in this title, by variance.
3. Not Eligible:
a. Self-inflicted hardships are not eligible for a variance. A "self-inflicted hardship" is the owner or occupant of said property creating their own hardship by violating the code in respect to building or occupying property in violation of this title without first going through the proper legal means of the variance procedure as outlined in this section.
4. Village Council shall consider variances to the spacing requirements for the sale of alcohol in conjunction with a restaurant use and a church or school.
a. Applicants must submit a site plan with the following items listed:
(1) Alcohol survey that identifies the spacing variance. If the uses are located on the same property, a measurement shall be shown between the front door of the restaurant and the front door of the protected use.
(2) Name, address and contact information for property owner of restaurant use.
(3) Name, address and contact information for restaurant operator.
(4) Name, address and contact information for church or school.
b. Required filing fee.
c. Approved applications shall be scheduled for Village Council consideration within thirty (30) days of submittal.
C. Criteria For Council Decision: In considering a variance application, the Council shall consider any recommendations of the commission and the Coordinator and determine whether:
1. An exceptional situation exists whereby the strict application of this title would result in practical difficulties or undue hardship to the owner of such property; or
2. Such variance will result in a public benefit to the citizens of the community; and
3. The variance is consistent with the objectives and purposes of this title and the applicable zoning districts of the Village.
D. Additional Conditions:
1. In granting a variance, the Council shall require the applicant to comply with any conditions deemed to be in the best interests of the Village.
2. The Council may require a performance bond or financial performance guarantees to ensure that conditions imposed on the variance or representations of the applicant are satisfied.
E. Administrative Variance:
1. The Coordinator shall have the discretion to grant a two and one-half percent (2.5%) variance to any dimensional requirement from the provisions of this title, provided the applicant can demonstrate that the request can meet the criteria outlined in subsections C and D of this section. In addition, the Coordinator may add conditions to the applicant's request. If the applicant is not willing to accept condition(s) imposed by the Coordinator, then the Coordinator shall forward the variance to the commission.
2. The applicant of an administrative variance shall submit a letter from the adjacent property owner(s) directly affected by the granting of an administrative variance stating that he/she has no objections to the granting of the administrative variance.
F. Public Recordation: The property owner or applicant shall record the variance with all conditions imposed with the County Clerk and provide a copy of the recorded variance to the Village. (Ord. 2018-03, 9-11-2018; amd. Ord. 2023-05, 6-27-2023)