(a) Purpose. The purpose of a variance is to provide limited relief from the requirements of this code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this code. It is not intended that a variance be granted merely to remove inconveniences or financial burdens that the requirements of this code may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.
(b) Variance Review Procedure. The review procedure for a variance shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing within forty-five (45) days of the filing of the variance application provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. In reviewing the application, the Planning Commission shall at a minimum, consider the review criteria of this section.
C. The Planning Commission may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
D. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
E. In making its decision, the Planning Commission shall make specific findings of fact based directly on the particular evidence presented that the reasons set forth in the application and as presented by the applicant during the public hearing, justify the approval, approval with modifications or supplementary conditions, or denial of the variance application that will make possible a reasonable use of the land, building, or structure.
F. Within sixty (60) days of the close of the public hearing, the Planning Commission shall render a decision on the variance application unless an extended timeframe is agreed upon by the Planning Commission and the applicant. The Zoning Administrator shall notify the applicant in writing of the decision of the Planning Commission.
G. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed approved.
H. In approving a variance, the Planning Commission may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as it determines are required to be ensure compliance with the standards of this section and the purpose of this code. Any conditions established by the Planning Commission shall relate directly to the requested variance.
I. Any violation of the conditions of approval shall be a violation of this code, subject to the enforcement and penalties of Chapter 1123: Enforcement and Penalties.
(c) Review Criteria. Where an applicant is seeking a variance, the following factors shall be considered and weighed by the Planning Commission to determine if a practical difficulty exists that would justify approval of the variance. However, no single factor listed below may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or proximity to non-conforming and inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(4) 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;
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
(6) Whether special conditions or circumstances exist as a result of actions of the applicant (actions of the applicant shall not include the purchase or acquisition of the property);
(7) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(8) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
(9) Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and
(10) Whether a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this code.
(d) Time Limit.
(1) The applicant shall submit a completed application for a zoning certificate and start work within one year of the date the variance was approved or the approval shall expire.
(2) Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a variance application will be reviewed.
(3) Upon written request, one extension of one year may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(4) As part of the variance approval, the Planning Commission may authorize alternative time limits for zoning certificate issuance based on the scale of the proposed development.
(e) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission in regards to a variance application shall have the right to appeal the decision the Village Council as provided in Section 1103.15: Appeals to Village Council. (Ord. 2023-16. Passed 6-5-23.)