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PROCEDURE AT PUBLIC HEARINGS; VARIATIONS;
REVIEW OF ADVERSE DECISIONS; PENALTY
REVIEW OF ADVERSE DECISIONS; PENALTY
(A) A subdivider may request a variance of the requirements of this chapter. Application for a variance shall be made in writing and submitted with the location and sketch maps unless the need is not then evident. Variance applications shall clearly state the provisions to be varied and the reasons why the variance is needed. In all cases, variance requests shall be made no later than the time the preliminary plan is reviewed by the Planning Commission.
(B) If, as a result of changes imposed by the Planning Commission at its preliminary plan review meeting, the subdivider desires a variance, it may be requested orally at that meeting.
(C) The Planning Commission shall recommend approval or disapproval of the requested variance by the Village Board. Along with its recommendation the Planning Commission shall transmit findings to the Village Board as to whether the requested variance complies with the following requirements:
(1) The intent of this chapter is maintained;
(2) Extraordinary circumstances of topography, land ownership, adjacent development or other circumstances not provided for in the chapter exist;
(3) The extraordinary circumstances will result in a hardship, not merely an inconvenience;
(4) The circumstances upon which the request for variance is based are not common to most other tracts of land;
(5) The circumstances upon which the request for variance is based are not the result of the subdivider's affirmative act or failure to act; and
(6) The purpose of a variation is not based exclusively on the desire to eliminate development costs at the expense of the public improvement standards as outlined in this chapter.
(D) When the Village Board considers the preliminary plan it shall consider the requested variance. The Village Board may, if it finds that the requirements of division (C) are met, approve the plan with the requested variation; or it may require conditions to the variation if it believes the conditions are in the public interest; or it may in its discretion deny the variation and insist on the literal application of this chapter.
(Ord. 94-01, passed 1-25-94)
If a minor subdivision location map, is disapproved by the Planning Commission, the subdivider may file a petition within 30 days of the Planning Commission's decision with the Village Clerk asking for review of the Commission's decision by the Village Board. The petition shall point out those parts of the Commission's decision to which the subdivider objects. A public hearing shall be conducted by the Village Board after a one week's notice has been mailed by the Village Clerk to the subdivider. During the hearing, the Village Board shall review the sufficiency or the propriety of the plan in light of the Planning Commission's decision. Upon conclusion of the hearing, the Village Board may affirm or modify the decision of the Planning Commission or approve the location map or site plan.
(Ord. 94-01, passed 1-25-94)
Any subdivider who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $500.00. Each day that a violation of this chapter continues shall constitute a separate and distinct offense and shall be punishable as such.
(Ord. 94-01, passed 1-25-94)