(A) Definition. For the purpose of this section, the following definition applies unless the context clearly indicates or requires a different meaning.
LOT SIZE/BULK VARIANCE. A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.
(B) Application. Every application for a lot size/bulk variance shall be filed with the Village Clerk on a prescribed form. The application shall contain sufficient information to allow the Board to make an informed decision.
(C) Hearing. The Board shall hold a public hearing on any variance application not later than 30 days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(D) Notice.
(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:
(a) By registered or certified mail to the applicant and to every owner of property adjacent to the premises for which the variance is requested; and
(b) By publication in a newspaper of general circulation within this municipality.
(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the variance is requested, and the nature of the proposed variance.
(E) Standards for variance. The Board of Appeals shall not grant any lot size/bulk variances unless they find that the proposed variance is consistent with the general purpose of this chapter. More specifically, the Board shall not recommend nor shall the Board decide upon a variance unless it determines, based upon the evidence presented to it, that:
(1) The property in question cannot yield a reasonable return if the district regulations are strictly applied;
(2) The plight of the applicant is due to peculiar circumstances not of his or her own making; and
(3) The variance, if granted, will not be detrimental to the public health, safety, and welfare.
(F) Decision by Board of Appeals.
(1) The Board of Appeals shall be required to decide all applications within 15 days after the final hearing thereon. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises, and to that end, has all the powers of the officer from whom the appeal is taken.
(2) A certified copy of the Board’s decision shall be transmitted to the applicant or appellant and to the Code Official. Such decision shall be binding upon the Code Official and observed by him or her, and he or she shall be required to incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant whenever a certificate is authorized by the Board. The Board shall specify the terms of relief granted (if any) in one statement and its findings of fact in another statement. The findings of fact shall clearly indicate the Board’s reasons for granting or denying any requested variance.
(G) Unauthorized variances (use variance). Under no circumstances shall the Board of Appeals grant a variance to allow any use that is specifically or by implication prohibited in the district involved. A USE VARIANCE constitutes an amendment to this chapter, and may be obtained only in the manner set forth at § 155.132.
(Prior Code, § 10-9-2) (Ord. passed 4-19-1999)