(A) Purpose: The zoning board of appeals, after a public hearing, may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the board makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title, relating to the use, construction or alteration of buildings or structures or the use of each portion of land.
(B) Application For Variation And Notice Of Hearing: An application for a variation shall be made by the owner of the subject property, or if by another person having an interest therein, with the written concurrence of the owner of the subject property. An application for a variation shall be filed in writing with the enforcing officer. The application shall contain such information as the zoning board of appeals may from time to time, by rule, require. Notice of the time and place of such public hearing shall be published at least once, not less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the board, by rule, may require.
(C) Standards For Variations: The zoning board of appeals shall not vary the regulations of this title, as authorized in subsection (A) of this section, unless it shall make findings based upon the evidence presented to it in each specific case that:
1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district for which it is zoned; and
2. The plight of the owner is due to unique circumstances; and
3. The variation, if granted, will not alter the essential character of the locality.
The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection (C) to reduce or minimize the effect of such variation upon other property in the neighborhood, and to better carry out the general intent of this title. If the petitioner is in violation of any provision of this code or is subject to any fines or penalties imposed under any provision of this code, the zoning board of appeals may condition the granting of any variation upon the petitioner first correcting or curing any such violation or paying any such fines or penalties.
(D) Authorized Variations: Variations from the regulations of this title shall be granted by the zoning board of appeals only in accordance with the standards established in subsection (C) of this section, and may be granted only in the following instances and in no others:
1. To permit any yard or setback less than the yard or setback required by the applicable regulations.
2. To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width.
3. To permit the same off street parking facility to qualify as required facilities for two (2) or more uses provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.
4. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space or twenty percent (20%) of the applicable regulations, whichever number is greater.
5. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served.
6. To vary the regulations as set forth in the Sign Regulations, Chapter 5-11, by no more than twenty percent (20%) for any of the following: gross area of any sign; height above grade at the location of the sign; and/or setback.
7. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations.
8. To exceed any of the authorized variations allowed under this subsection, when a lot of record or a zoning lot, vacant or legally used on April 1, 1963, is, by reason of the exercise of the right of eminent domain by an authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.
9. To permit increases in the height of fences and walls permitted as obstructions in required yards.
10. To permit the location of a satellite antenna, private, on a lot or lots where it would otherwise be prohibited solely because of insufficient screening, but in no event shall the requirement for screening be waived along the front yard line.
The concurring vote of five (5) members of the zoning board of appeals shall be necessary to grant a variation. No order of the zoning board of appeals granting a variation shall be valid for a period longer than six (6) months from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The zoning board of appeals may, upon application made within said six (6) months, for good cause, extend said time an additional six (6) months; provided, that said time limit shall not apply and there shall be no fixed time limit in cases where the variation granted is a variation as to the area or width of a lot or lots granted under subsection (D)2 of this section, if a plat containing the lot or lots in question, utilizing the said area or width variation as granted, and conforming to law, including the Barrington Hills subdivision ordinance (if applicable), shall be recorded in the office of the recorder of deeds or (if applicable) registered in the office of the registrar of titles, within two (2) years of the date of the order of the zoning board of appeals granting said variation. (Ord. 13-09, 6-24-2013; amd. Ord. 20-07, 3-24-2020)