10-4-5: VARIANCES:

   A.   Intent And Purpose: A variance is a grant of relief to a property owner from the literal requirements of the zoning ordinance where literal enforcement would cause undue hardship. Additionally, a variance is intended to provide relief where the requirements of this title render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. A variance is not intended merely to remove an inconvenience or financial burden that the requirements of this title may impose on a property owner. A variance is not intended to allow the establishment of a use that is not otherwise allowed in a zoning district or that would change the zoning district classification of any or all of the affected property, and should not be granted where a special use permit or an amendment to the official zoning map would be more appropriate.

   B.   Initiation Of A Variance: A request for a variance may be initiated by either:

      1.   The owner of the subject property; or

      2.   A contract purchaser of the subject property.

   C.   Application For Variance: An application for a variance shall be filed in writing with the zoning administrator and shall include a map of the property showing its dimensions, all streets and alleys, and other properties within two hundred fifty feet (250') of the property. The zoning administrator shall transmit the application to the zoning board of appeals for review and public hearing. The zoning board of appeals shall hold a public hearing within sixty (60) days after filing of the application.

   D.   Notice And Conduct Of The Public Hearing: The notice for and conduct of the public hearing shall be in accordance with the public notice requirements of this title.

   E.   Findings And Recommendations: The zoning board of appeals shall make findings of fact based on evidence presented to it and forward the findings with recommendations to the village board.

   F.   Standards For A Variance: The ZBA shall not recommend, and the village board shall not grant, a variance from the regulations of this title unless it makes findings based on evidence presented to it in each specific case that:

      1.   The variance is in harmony with the general purpose and intent of this title;

      2.   The plight of the owner is due to unique circumstances and thus strict enforcement of this title would result in practical difficulties or impose exceptional hardships due to the special and unusual conditions that are not generally found on other properties in the same zoning district;

      3.   The property cannot yield a reasonable use if permitted only under the conditions allowed by this title; and

      4.   The variance, if granted, will not alter the essential character of the locality and will not be a substantial detriment to adjacent property.

   G.   Burden Of Proof For Variance: In each case of a requested variance, the applicant must satisfy the proof that the proposed variance meets the standards of division F of this section, even if there is no testimony or other evidence opposing or rebutting the requested variance.

   H.   Village Board Actions On A Variance: Within forty five (45) days of the completed public hearing the village board shall review the findings and recommendations of the zoning board of appeals. The village board may grant, deny, or grant with modification the proposed variance. If the village board grants the variance, it shall make findings of fact specifying the reasons for the variance in accordance with the standards of division F of this section. Additionally, if granting the variance, the village board shall adopt an ordinance approving the application. (Ord. 19-12-43, 1-13-2020)

10-4-6: ADMINISTRATIVE ADJUSTMENTS:

   A.   Authority: The zoning administrator is authorized to make administrative adjustments, except as expressly prohibited in division D of this section, providing that in each case the criteria of division B of this section are met, as follows:

      1.   Maximum building height: up to five percent (5%) over the maximum;

      2.   Minimum setbacks: up to five percent (5%) of the minimum; and

      3.   After-the-fact encroachments into yards: up to one foot (1').

   B.   Criteria: The zoning administrator shall not authorize an administrative adjustment unless the following criteria are satisfied:

      1.   The requested administrative adjustment is consistent with the stated intent and purposes of the zoning ordinance;

      2.   The requested administrative adjustment eliminates an inconvenience to the applicant and will have no appreciable adverse impact on the health, safety, or general welfare of the surrounding property owners or general public; and

      3.   Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible.

   C.   Procedure: The property owner, or agent, shall submit to the zoning administrator the following:

      1.   A map or elevation, as appropriate, depicting the difference between the zoning ordinance standard and the requested adjustment;

      2.   A statement on why the adjustment is necessary and why, if granted, it would meet the criteria of division B of this section.

   D.   Prohibited Adjustments: The zoning administrator shall not make an administrative adjust for a planned development or special use. (See section 10-15-4 for administrative adjustments to planned developments.) (Ord. 19-12-43, 1-13-2020)

10-4-7: APPEALS:

   A.   Right To Appeal: An appeal may be made by any person, firm, or corporation, or by any officer, department or board of the municipality aggrieved by the action of the zoning administrator.

   B.   Procedure For Appeals: An appeal may be taken from any order, requirement, decision or determination of the zoning administrator. The appeal shall be made within forty five (45) days of the action by filing with the zoning administrator and with the board of appeals a notice of appeal. Upon receipt of the notice of appeal, the zoning administrator must forward to the zoning board of appeals all papers which constitute a record of the action that is being appealed.

   C.   Effect Of The Appeal: A filing of a complete notice of appeal stays all further proceedings unless the zoning administrator certifies to the ZBA, after the appeal is filed, based on the facts stated in the certification/affidavit, a stay would cause imminent peril to life or property. In this event, the stay may be effectuated only by an order of the zoning board of appeals or by a court of record.

   D.   Public Hearing: No more than thirty (30) days after the filing of a complete notice of appeal, the zoning board of appeals shall hold a hearing to consider the appeal. The notice for and conduct of the public hearing shall be in accordance with the notice requirements of this title.

   E.   Decision Of The Village Board: The zoning board of appeals shall transmit to the village board its written findings and recommendations of the appeal within a reasonable time, but in no event more than sixty (60) days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties concerned. The village board may affirm or may reverse, in whole or in part, or modify the order, requirement, decision, or determination of the zoning administrator. (Ord. 19-12-43, 1-13-2020)

10-4-8: AMENDMENTS:

   A.   Authority: The village board, after receiving findings and recommendations from the plan commission, may amend the regulations of this title or amend the boundaries of the official zoning map.

   B.   Initiation Of Amendments: Text amendments may be initiated by the mayor, village board, plan commission, or zoning administrator. Official zoning map amendments may be initiated by the village board, plan commission, zoning administrator, owner of the property, or contract purchaser of the property.

   C.   Application For Map Amendment: An application for an amendment of the official zoning map shall be filed in writing with the zoning administrator and shall include a map of the property showing its dimensions, all streets and alleys, and other properties within two hundred fifty feet (250') of the property. The zoning administrator shall transmit the application to the plan commission or zoning board of appeals, as appropriate, for review and public hearing. The plan commission shall hold a public hearing within sixty (60) days after filing of the complete application.

   D.   Notice And Conduct Of Public Hearing: Notice for and conduct of the public hearing shall be in accordance with the public notice requirements this title.

   E.   Official Zoning Map Amendments (Rezoning): The plan commission shall not recommend, nor shall the village board grant, an amendment altering the zoning district boundary lines unless it shall find, based on the evidence presented to it in each specific case, that:

      1.   The amendment promotes the public health, safety, comfort, convenience and general welfare, and complies with the policies and official plans of the village;

      2.   The trend of development in the area of the subject property is consistent with the requested amendment;

      3.   The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification;

      4.   The property cannot yield a reasonable use if permitted only under the conditions allowed under the existing zoning classification; and

      5.   The amendment, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

   F.   Decision Of The Village Board: After recommendation by the plan commission, the village board may grant, deny, or grant with the modification, the amendment, or may refer the proposed amendment back to the plan commission for further consideration. If the village board grants the amendment, it shall adopt an ordinance approving the amendment. (Ord. 19-12-43, 1-13-2020)

10-4-9: SPECIAL USES:

   A.   Purpose: The development and execution of this title is based upon the division of the village into zoning districts within which the use of land, and the bulk and location of buildings and structures in relation to the land are substantially uniform. However, there are certain uses that, because of their unique characteristics, cannot be properly classified in any district or districts, without consideration in each case of the impact of those uses on adjacent properties and of the public need for the particular use in the particular location. Case by case review is intended to ensure consideration of the special use's anticipated land use, site design, and impacts.

   B.   Initiation Of A Special Use: A special use application may be filed by the owner or contract purchaser of the property.

   C.   Application For Special Use: An application for a special use shall be filed in writing with the zoning administrator and shall include a map of the property showing its dimensions, all streets and alleys, and other properties within two hundred and fifty feet (250') of the property. Applications for a planned development shall be in accordance with the provisions of chapter 10-15 of this title. The zoning administrator shall transmit the application to the plan commission, as appropriate, for review and public hearing. The plan commission or zoning board of appeals, as appropriate, shall hold a public hearing within forty five (45) days after filing of a complete application.

   D.   Notice And Conduct Of Public Hearing: Notice for and conduct of the public hearing shall be in accordance with the notice requirements of this title and state statute.

   E.   Standards For Special Uses: The plan commission shall not recommend, nor the village board grant, a special use unless it shall make findings of fact based on the evidence presented to it in each specific case that:

      1.   The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish property values with the neighborhood; and

      2.   The establishment of the special use will not impede the normal and orderly development and improvement of the adjacent properties for uses permitted in the subject zoning district.

   F.   Burden Of Proof For Special Use: In each case of a requested special use, the applicant must satisfy the proof that the proposed special use meets the standards of division E of this section, even if there is no testimony or other evidence opposing or rebutting the requested special use.

   G.   Decision Of The Village Board: After recommendation by the plan commission, the village board may grant, deny, or grant with modification the special use, or may refer the proposed special use back to the plan commission for further consideration. If the village board grants a special use, it shall adopt an ordinance authorizing the special use.

   H.   Conditions And Restrictions:

      1.   When the special use is determined to have the potential for adverse impacts, the plan commission may recommend, and the village board may impose conditions on the approval to ensure that the adverse impacts will be mitigated. Such conditions may include impositions on the site planning, design, location, and operation of the special use.

      2.   The zoning board of appeals may recommend, and the village board of trustees may impose, such restrictions on the height, bulk and area of occupancy of any structure so approved for special use as may be reasonable under the particular circumstances. Off-street parking facilities as well as off- street loading and unloading spaces may also be stipulated in the order permitting the special use, and all other codes and ordinances of the village must be complied with. Special uses relating to recreational cannabis require compliance with the procedures outlined in the recreational cannabis mercantile regulations, chapter 10-19 of this code.

   I.   Lapse Of Approval And Discontinuance: An ordinance approving a special use is valid for twelve (12) months from the date of the ordinance unless a building permit is obtained, or the use is commenced. If a building permit is not obtained or the use is not commenced within such time, the approval for special use will lapse and shall become null and void. If a special use is discontinued for a period of six (6) months or longer, the special use shall be considered abandoned and shall become null and void. Reinstatement or re-establishment of the special use will require approval pursuant to the provisions of this section. The provisions of this division do not apply to planned developments.

   J.   Amendments To Special Use: A change in the area, bulk, size, use or intensity of use of an existing special use, or a change to the conditions specified for a special use at the time of approval, shall be deemed the same as a new special use and shall require approval pursuant to the provisions of this section. (Ord. 19-12-44, 12-19-2019; Ord. 19-12-43, 1-13-2020)