(A) The Village Board may on recommendation of the Plan Commission grant special exceptions or variances under these regulations.
(B) The corporate authority may grant variances to these regulations where unusual or exceptional factors or conditions require the modification provided that the Plan Commission, after a hearing, shall:
(1) Find that unusual topographical or exceptional physical conditions exist;
(2) Find that strict compliance with these regulations would create an extraordinary hardship in the face of the exceptional conditions;
(3) Permit any modification to depart from these regulations only to the extent necessary to remove the extraordinary hardship;
(4) Find that the modifications would improve the village over what would be allowed under the terms of this code;
(5) Find that any modification granted will not be detrimental to the public interest not in conflict with the intent and purpose of these regulations; and
(6) Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purpose of this code when modified.
(2001 Code, § 34-9-3)