(A) Purpose.
(1) The Zoning Board of Appeals, after a public hearing, may vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where such 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 chapter.
(2) Requests for variations other than those expressly specified in this section shall be heard by the Zoning Board of Appeals and a recommendation thereon shall be forwarded to the Board of Trustees for final disposition.
(B) Application and notice of hearing.
(1) An application for a variation may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request application for a zoning certificate.
(2) An application for a variation shall be filed with the Zoning Administrator, who shall forward such application within ten days to the Zoning Board of Appeals for processing.
(3) Notice of all public hearings conducted by the Zoning Board of Appeals wherein an application for a variation is to be considered shall be published at least once not more than 30 nor less than 15 days before the hearing in one or more newspapers with a general circulation within the village.
(4) In addition, notices shall be sent by registered or certified mail to all owners (as determined from current real estate tax records) of property located within 250 feet of any lot line of the property included in the requested variation.
(C) Standards for variations.
(1) The Zoning Board of Appeals shall not vary the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) Because of the 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 letter of the regulations were to be carried out;
(b) The conditions upon which an application for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;
(c) The purpose of the variation is not based primarily upon a desire to increase financial gain;
(d) The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property;
(e) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(f) The granting of the variation will not alter the essential character of the neighborhood; and
(g) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(2) The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this section and the objectives of this chapter.
(D) Authorized variations.
(1) Variations from the regulations of this chapter shall be granted by the Zoning Board of Appeals only in accordance with the standards established in division (C) of this section, and may be granted only in the following instances and in no others. However, the degree or amount of exception or variation cited below is the maximum allowance, not the recommended:
(a) To permit any yard or setback less than a yard or a setback required by the applicable regulations;
(b) 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 75% of the required area or width;
(c) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
(d) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 25% of the required facilities, whichever is greater;
(e) To increase by not more than 40% the maximum distance that required parking spaces are permitted to be located from the use served; and
(f) To allow for the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance.
(2) Requests for any variation other than those listed above shall be decided by the President and Board of Trustees after a hearing thereon by the Zoning Board of Appeals and subsequent recommendation to the President and Board of Trustees.
(E) Action by the Zoning Board of Appeals. The Zoning Board of Appeals shall approve or deny any requested variation or transmit written recommendations thereon to the Board of Trustees within 60 days of receipt of the request from the Zoning Administrator unless such time period is extended by mutual consent of the Board of Appeals and the applicant.
(F) Revocation. Where a variation has been granted pursuant to the provisions of this chapter, such approval shall become null and void unless work thereon is substantially under way within six months of the date of issuance, unless extended by the Zoning Board of Appeals or President and Board of Trustees, after public hearing.
(`95 Code, § 156.157) (Ord. 83-11, passed 9- -83)