(a) Generally. Where, because of severe topographical or other conditions peculiar to the site, strict adherence to the provisions of this chapter would cause an unnecessary hardship, the village council may, on recommendation of the planning board, authorize an exception to the terms of this chapter only to the extent that is in the best interest of the village and not to an extent which would violate the intent of this chapter. The village council shall not approve exceptions unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the exception will not be detrimental to the public safety, or health, or be injurious to other property;
(2) The conditions upon which the request for exception is sought are unique to the parcel and are not applicable generally to other property;
(3) Because of particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict adherence to these regulations is enforced.
(b) Conditions. In approving exceptions, the village council may require such conditions as shall, in its judgement, secure substantially the objectives of the standards or requirements of this chapter.
(c) Procedures. A petition for any such exception shall be submitted in writing by the subdivider to village manager for review. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner. The petition shall then be presented to the planning board for review. Upon review, the planning board shall provide a recommendation as to whether the exception is or is not justified, and for what reason, and if justified, under what terms and conditions. The petition will then be presented to the village council, along with planning board recommendations for a final decision. No preliminary or final plat shall be approved until all questions of exception of this chapter have been resolved.
(d) Time applicability of modifications. Any exception granted under the terms of this chapter shall expire 24 months from the date on which the exception was granted, in the event the plat has not been recorded.
(Ord. No. 8A, art. III, § VII, 7-17-1998)