A. Exceptions: The zoning board of appeals may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter:
1. Application for any exception shall be made by a verified petition of the applicant for a site development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the site development permit application. In order for the petition to be granted, it shall be necessary that the zoning board of appeals find all of the following facts with respect to the land referred to in the petition:
a. That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record, that it is impossible or impractical for the applicant to comply with all of the requirements of this chapter;
b. That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
c. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
2. Each application for an exception shall be referred to the building department for review. The village board of trustees shall transmit is recommendations to the zoning board of appeals, which shall review such recommendations prior to granting or denying the exception.
3. The zoning board of appeals shall hold a public hearing on each application for exception, within thirty (30) days after receiving application, in the manner provided with respect to appeals. After public hearing, the village board of trustees may approve the site development permit application with the exceptions and conditions it deems necessary or it may disapprove such site development permit application and exception application or it may take such other action as appropriate. (Ord. 92-11-22, 11-2-1992)