(a) Variances. A variance is a deviation from the strict or literal requirements of a zoning or planning regulation. In such instance where the Building Inspector has determined that a variance is needed in order for an application to be approved, the Village Planning Commission shall review the request for a variance and make a recommendation to Council whether such variance should be authorized. In these specific cases, such variance from the terms of the zoning regulations shall not be contrary to the public interest or the intent of these zoning regulations. However the Planning Commission shall consider where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in practical difficulties to the applicant. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(1) Requesting a variance.
A. A variance from the terms of these zoning regulations shall not be considered by the Village Planning Commission for recommendation to Council unless the applicant has provided sufficient evidence to warrant the granting of a variance, and a written request for a variance is submitted containing the following information:
1. Description of and nature of the variance requested;
2. A narrative statement demonstrating the practical difficulty that the applicant is experiencing;
3. In addition, the applicant will be responsible for payment for all expenses, including, but not limited to, engineering, legal, postage and/ or other professional expenses incurred by the Village (as indicated in Section 1262.06 Filing Fees).
B. Such variance request shall be submitted to the Planning Commission for review at the same time as the original application. The Village Fiscal Officer shall notify all adjoining property owners in writing of such request and of all hearing dates regarding such request via regular U.S. mail.
(2) Standards for granting variances. The following factors shall be considered and weighed in determining whether a property owner has a practical difficulty, these factors shall include but not be limited to:
A. Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
B. Whether the variance is substantial;
C. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
D. Whether the variance would adversely affect the delivery of governmental services;
E. Whether the property owner purchased the property with knowledge of the zoning restriction;
F. Whether the property owner's predicament can feasibly be obviated by some method other than a variance;
G. Whether the spirit and intent of the zoning requirement would be observed and substantial justice done by granting the variance;
(3) Granting of a variance. If after considering the above factors as well as the opinion of the Building Inspector and/or the Village Engineer, the Planning Commission makes a determination that such variance should be granted, such recommendation shall be made to Council at the next regular meeting of Council. If Planning Commission makes a determination that such variance should not be granted, such recommendation shall be made to Council and the applicant may appeal such recommendation to Council.
(b) Appeals. If the Planning Commission either disapproves an application or does not recommend a request for a variance; the applicant may appeal to Council.
(1) Procedure for appeal.
A. An appeal from the decision or recommendation of the Planning Commission shall be made within thirty days and shall be filed with the Village Administrative Assistant on the form proscribed. Such appeal application shall contain the following information:
1. Name, address, and telephone number of the appellant;
2. Legal description of the property;
3. Description of the application and/or variance requested;
4. A narrative statement regarding the application and/or variance and the applicant's practical difficulty if appropriate.
5. In addition, the applicant will be responsible for payment for all expenses, including, but not limited to, engineering, legal, postage and/or other professional expenses incurred by the Village as indicated in Section 1262.06 of this Code.
B. Council shall make an examination and investigation as it deems necessary and shall affirm or reverse the decision of the Planning Commission. Council shall take its action at the meeting, at which the appeal is presented, or at the next regular meeting held thereafter, but in no event later than sixty days after the presentation of the appeal.
(2) Granting of an appeal. If an appeal of an application or recommendation on a request for a variance is granted by Council, the Building Inspector shall issue the building permit for which the applicant originally applied without delay.
(Ord. 2009-17. Passed 11-23-09.)