A. Purpose: The purpose of this variation application is to grant relief from the regulations of this title to the extent that literal enforcement of such regulations creates particular hardships or practical difficulties in developing property due to the unique attributes of the property. The purpose of the variation process is not to provide relief from the use permissions of this title.
B. Applicability: Any application for relief from the regulations of this title that is not established as an administrative adjustment in section 10-3-5, "Administrative Adjustment", of this chapter shall be considered a variation.
C. Procedure:
1. Action By The Zoning Administrator:
a. An application for a variation shall be filed with the Zoning Administrator in accordance with section 10-2-5, "Application Procedure", of this title.
b. Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Community Development Commission based upon each of the standards of subsection D, "Standards For Variations", of this section, and schedule the application for consideration by the Community Development Commission.
2. Action By The Community Development Commission:
a. The Community Development Commission shall conduct a public hearing on the application in accordance with section 10-2-7, "Public Hearing", of this title within sixty (60) days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
b. The Community Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of subsection D, "Standards For Variations", of this section.
c. The Community Development Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Community Development Commission may:
(1) Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a variation as deemed necessary to protect the public interest.
(2) Recommend approval of a variation from the regulations of this title less than that requested by the applicant, if the Community Development Commission finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of subsection D, "Standards For Variations", of this section.
(3) Recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
d. The Community Development Commission shall forward its recommendation to the Village Board within thirty (30) days after the close of the public hearing.
3. Action By The Village Board:
a. The Village Board shall consider the application within sixty (60) days after receiving the recommendation of the Community Development Commission. The 60-day period may be extended with the written consent of the applicant.
b. The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Community Development Commission, the evidence presented at the public hearing, and each of the standards of subsection D, "Standards For Variations", of this section.
c. The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Community Development Commission for further consideration. In approving a variation, the Village Board may:
(1) Impose conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a variation as deemed necessary to protect the public interest.
(2) Grant a variation from the regulations of this title less than that requested by the applicant, if the Village Board finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of subsection D, "Standards For Variations", of this section.
(3) Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
d. A two-thirds (2/3) favorable vote of the Village Trustees is required to approve the application if the Community Development Commission recommends denial of the application.
FIGURE 10-3-4-1
VARIATION APPLICATION PROCEDURE
VARIATION APPLICATION PROCEDURE
D. Standards For Variations: The Village Board, Community Development Commission, and Zoning Administrator shall evaluate applications for variations with specific written findings based on each of the standards of this subsection.
1. The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public.
2. The proposed variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed variation.
3. The proposed variation alleviates an undue hardship created by the literal enforcement of this title.
4. The proposed variation is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant.
5. The proposed variation represents the minimum deviation from the regulations of this title necessary to accomplish the desired improvement of the subject property.
6. The proposed variation is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
E. Transferability: Variation approval runs with the land and is not affected by changes of ownership, tenancy, or management.
F. Expiration Of Variation Approval: Variation approval shall expire and be revoked if any of the following conditions occur.
1. A building permit has not been obtained within one year after approval of the variation. The applicant may request one (1) six- month extension of this period by means of a written request filed at least thirty (30) days prior to the expiration of the initial six-month period. The Zoning Administrator shall decide whether to grant or deny the applicant's request within fifteen (15) days of receipt of the applicant's written request.
2. The standards of this title or any of the terms and conditions of the variation are violated. (Ord. 67-2018, 12-18-2018)