(A) Where the Planning and Zoning Commission finds that extraordinary hardship or practical difficulties may result from the strict compliance with these regulations, it may recommend variances to these regulations so that substantial justice may be done and the public interest secured, provided that:
(1) Such variances shall have not have the effect of nullifying the intent and purpose of these regulations; and
(2) The Planning and Zoning Commission shall not recommend variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property;
(b) The conditions upon which the request for a variance are based are unique to property for which it is sought and are not applicable generally to other property;
(c) 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 these regulations are carried out;
(d) The variances will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan, Official Map or any other village ordinance.
(B) In recommending variances, the Planning and Zoning Commission shall require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements of these regulations.
(C) (1) A written request for any such variance shall be submitted by the applicant at the time when the preliminary plat or site plan application is filed for the consideration of the Planning and Zoning Commission.
(2) The request shall state fully the grounds and all of the facts relied upon by the applicant.
(D) The applicant shall pay any and all fees, costs and expenses of the village and its duly authorized agent that are incurred by the village in the processing of any and all applications pursuant to this chapter.
(Ord. 176, passed 3-6-78; Am. Ord. 278, passed 3-1-82; Am. Ord. 1233, passed 5-20-02)