Upon application to the Comptroller and payment of applicable fees, variations of the provisions of this chapter may be granted, unless otherwise expressly prohibited by this chapter, by the Board of Trustees.
(A) Statement of justification. In applying for a variation of the provisions of this chapter, the applicant shall demonstrate in writing that:
(1) The requested variation is in keeping with the overall purpose and intent of this chapter;
(2) The granting of the variation will not be to the detriment of adjacent properties;
(3) The granting of the variation will not be contrary to the public health, safety and general welfare; and
(4) The situation of the applicant is not of a general or recurring nature for similarly situated properties within the village or its jurisdiction.
(B) Limitations on variations. No variation granted pursuant to this section shall relieve the applicant from complying with any other applicable local, state or federal regulations.
(C) Conditions may be imposed. In authorizing a variation, the Plan Commission may recommend and the Board of Trustees may impose such conditions regarding the location, character and other features of the proposed subdivision, development, or redevelopment as it may, in its sole and absolute discretion, deem necessary in the public interest, and may require the posting of a performance guarantee to insure compliance with the conditions imposed.
(D) Procedure for review of variation requests. Applications for variations of the provisions of this chapter shall be reviewed concurrently with the related subdivision, development, or redevelopment application and shall be publicly noticed for a public hearing in accordance with § 154.028.
(Ord. 7-42, passed 6-20-07)