(A) Initiation. A written petition for a variance in the form attached to this chapter as Appendix D may be made by any person, firm or corporation which is the owner of real estate for which such variation is sought.
(B) Processing. A petition for a variance shall be filed with the Zoning Administrator. Such petition shall be forwarded to the Zoning Board of Appeals with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of the petitioner, and the time and place of the hearing (a) by posting at the applicant's land not less than ten days prior to the hearing, and (b) by publishing a notice thereof at least once in one or more newspapers in general circulation within the Village of Chatham not more than 30 nor less than 15 days prior to the hearing, and (c) by giving a written notice by mail the hearing to the owners of the properties located adjacent to the location for which the variation is requested. Failure to comply with (a) and (c) will not void the proposed variance.
(C) Standards.
(1) The Zoning Board of Appeals shall not recommend variance of the provisions of this chapter as authorized in this section unless it shall have made findings based upon the evidence presented to it that all of the following conditions apply:
(a) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
(b) That the plight of the owner is due to unique circumstances; and
(c) That the variance, if granted, will not alter the essential character of the locality.
(2) The Zoning Board of Appeals, in making the foregoing determination may take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
(a) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of regulation were to be carried out;
(b) That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;
(c) That the purpose of the variance is not based exclusively upon a desire to make more money out of the property;
(d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;
(e) That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or
(f) That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.
(3) The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.
(E) Authorized variations. Variations from the regulations of this chapter may be recommended by the Zoning Board of Appeals only in accordance with the standards set forth in this section and only in the following instances:
(1) To permit a height greater than allowed.
(2) To permit a yard less than the yard required by the applicable regulation.
(3) To permit the use of a lot located in a Residence District having insufficient area and width for a single-family dwelling, provided such lot is of record on the effective date of this chapter.
(4) To permit the use of any lot not covered above, for a use otherwise prohibited solely because of insufficient area of the lot.
(5) To permit the same off-street parking spaces to qualify as required spaces for two or more uses, provided that the maximum use of such facility by each user does not take place during the same hours of the same days of the week.
(6) To reduce the applicable off-street parking or loading requirements.
(7) To authorize a use of land where an amendment to the village zoning district classification causes practical difficulties or hardships.
(8) To vary requirements for fences and swimming pools.
(F) Decisions.
(1) The Zoning Board of Appeals at the conclusion of the public hearing promptly thereafter shall submit a report of its findings and recommendations on each petition to the Village Board.
(2) The Village Board, after receiving the report of the Zoning Board of Appeals and without further public hearing, except for any new matter not presented to the Zoning Board of Appeals and which the Village Board deems relevant, may grant or deny by majority vote and proposed variation or may refer it back to the recommending body for further consideration.
(Ord. 96-54, passed 3-26-96)