(A) Variations. A variation is a relaxation of the strict terms of the zoning ordinance in order to provide relief for a property owner (or occupant) upon whom this zoning ordinance has imposed undue hardship or difficulty. Usually variation applications request relief from required lot sizes and widths, setbacks and minimum yards. Variations should be granted only to provide relief in unusual situations which were not intended or foreseen when this ordinance was adopted. No variation should be granted unless it will be in harmony with the general intent and purpose of this chapter.
(1) Authorization. After a public hearing before the Zoning Board of Appeals, the President and Board of Trustees may authorize such variations from the terms of this chapter as will not be contrary to the public interest. Variations may be authorized only in those specific instances enumerated in division (A)(4).
(2) Application for variation. An application for a variation shall be filed with the Building Official who shall transmit the application immediately to the chairperson of the Zoning Board of Appeals. The application shall contain the following information:
(a) The particular requirements of this chapter which prevent the proposed use or construction;
(b) The characteristics of the subject property which prevent compliance with said requirements of this chapter;
(c) The reduction of the minimum requirements of this chapter which would be necessary to permit the proposed use or construction; and
(d) The practical difficulty or particular hardship which would result if said particular requirements of this chapter were applied to the subject property.
(3) Hearing and notice.
(a) The Zoning Board of Appeals shall select a reasonable time and place for a hearing and give public notice of the hearing in accordance with division (D) below. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved, and a brief description of the relief sought. The Zoning Board of Appeals may give such additional notice as it may from to time, by rule provide. Any party in interest may appear and be heard at the hearing in person, by agent or by attorney.
(b) The Zoning Board of Appeals shall submit in writing to the Village Clerk a summary of the testimony and findings of fact received at the public hearing, a record of the Board’s vote, and a statement of the Board’s recommendations concerning the desired variation.
(4) Standards of variations. The Zoning Board of Appeals may recommend to the President and Board of Trustees the granting of a variation whenever, and only when, it shall have determined, recorded in writing, that all of the following conditions listed below have been met. The President and Board of Trustees shall grant a variation whenever and only when all of the conditions below have been met. The Zoning Board of Appeals may recommend to the President and Board of Trustees and the President and Board of Trustees may impose such conditions and restrictions upon the location, construction, design and use of the property benefitted by a variation as may be necessary or appropriate to comply with the standards listed below and to protect adjacent property and property values.
(a) That special circumstances or conditions such as exceptional narrowness, topography, or siting, fully described in the report of the Zoning Board of Appeals, apply to the land for which a variation is sought, and that those conditions do not apply generally in the district;
(b) That the special circumstances or conditions have not resulted from any act of the applicant subsequent to the adoption of this chapter, whether or not in violation of the provisions thereof;
(c) That, for reasons fully set forth in the report of the Zoning Board of Appeals, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of any reasonable use of his or her land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of land;
(d) That the variation granted is the minimum adjustment necessary for the reasonable use of the land; and
(e) That the granting of a variation is in harmony with the general purposes and intent of this chapter, and will not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the village.
(5) Decision of variations. A vote of four of the members of the Zoning Board of Appeals shall be necessary to recommend that a variation be granted. The recommendations of the Zoning Board of Appeals shall be in writing and shall contain its findings of fact. Variations shall be granted by the President and Board of Trustees only by ordinance. In the event that the Zoning Board of Appeals recommends that a proposed variation not be granted, then such a variation may be granted by the President and Board of Trustees only upon the favorable vote of two-thirds of all the members of the President and Board of Trustees.
(B) Conditional use permit.
(1) Authorization. For the purposes of this chapter, the special use permit authorized by statute shall be called the “conditional use permit.” The location, construction, extension or structural alteration of any use for which a conditional use permit is required pursuant to provisions of this chapter may be authorized by a permit issued by the President and Board of Trustees and following a public hearing by the Zoning Board of Appeals and subject to such standards as may be set forth in this chapter and subsequent amendments.
(2) Application requirements. An application for a conditional use permit shall be filed with the Building Official and shall be accompanied by the following information and exhibits:
(a) A plat plan of the proposed site and of the surrounding area within 300 feet of the site showing the location and names of all streets, easements, and railroad or utility rights-of-way; and the location of any parks, or other public open spaces or uses, residences or other permanent structures;
(b) A drawing showing the proposed development of the site; and
(c) Any additional information specified in this section for the particular use.
(3) Report of hearing. The Zoning Board of Appeals shall conduct hearings upon the applications for conditional use permits specifically listed in the district regulations of this chapter. The Zoning Board of Appeals shall select a reasonable time and place for the hearing and shall give public notice of the hearing in accordance with division (D) of this section. The Zoning Board of Appeals shall transmit to the President and Board of Trustees a written report of its findings as to the compliance of the proposed conditional use with standards specified in this chapter or its amendments and giving its recommendations for action to be taken by the President and Board of Trustees.
(4) Conditions. The Zoning Board of Appeals may recommend and the President and Board of Trustees may impose such conditions or restrictions upon the location, construction, design and operation of a conditional use and the duration of such permit, as they shall respectfully find necessary or appropriate to insure that:
(a) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(b) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood;
(c) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(d) Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided;
(e) Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
(f) The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the Board shall find that there is a public necessity for the conditional use.
(5) Action by President and Board of Trustees. After receiving the report of the Zoning Board of Appeals, the President and Board of Trustees shall review the report and may accept the findings and recommendations of the Zoning Board of Appeals in whole or in part, or may reject them in whole or in part, or may refer the matter back to the Zoning Board of Appeals for further study. However, in event the Zoning Board of Appeals recommends against the issuance of a conditional use permit, then it may be issued only upon the favorable vote of two-thirds of the members of the President and Board of Trustees.
(6) Nonconformance. If any existing use requiring a conditional use permit is located in a zone in which such a use is permitted as a conditional use, a permit shall be issued provided it meets any standards designated in this chapter or amendments to this chapter. Such permit shall be issued without charge or public hearing. If such an existing use would not be eligible for a conditional use permit, the use shall be deemed a legal nonconforming use, subject to the provisions of §§ 157.50 through 157.53 of this chapter.
(C) Amendments.
(1) The regulations imposed and the districts created under the authority of this chapter may be amended from time to time by ordinance after the ordinance establishing them has gone into effect, but no such amendments shall be made without a hearing before the Zoning Board of Appeals.
(2) The Zoning Board of Appeals shall submit in writing to the Village Clerk a summary of the testimony and findings of fact received at the public hearing, a record of the Board’s vote and a statement of the Board’s recommendations concerning the proposed amendment.
(3) Amendments are made by ordinance by the President and Board of Trustees. The President and Board of Trustees shall review the report submitted by the Zoning Board of Appeals. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds of all members of the President and Board of Trustees.
(4) The Zoning Board of Appeals and the President and Board of Trustees shall consider the proposed amendment on its merits, using the following criteria as a guide:
(a) Criteria for text or map amendment. One or more of the following criteria shall be met for all amendments:
1. The proposed amendment shall correct an error in the original zoning;
2. The area under application has changed so that the zoning is no longer contributing to the community welfare;
3. The proposed amendment shall be consistent with the intent of this chapter and with its various provisions; and
4. The proposed amendment shall not be detrimental to the development of the village.
(b) Additional criteria for map amendments. In addition to the above conditions, the following shall be met for all map changes:
1. Every use permitted under the new classification must be a suitable use for the further development of the area in the vicinity of the rezoning, and must be compatible with the uses already developed in the vicinity; and
2. Adequate public facilities, sewer and water lines, other needed services or facilities must exist or must be capable of being provided prior to the development of the uses which would be permitted on the property if it were classified.
(c) Spot zoning. Applications which would result in spot zoning will be denied. SPOT ZONING is defined as rezoning of a relatively small area into a district which is unrelated to the immediate area or the general plan for the community. Such rezoning may be a special privilege or an inconsistent restriction of one property which is not made applicable to others. A zoning pattern once established and relied upon must be sufficiently stable to accomplish the purposes of the plan and to protect those who comply with the law. Spot zoning constitutes an entering wedge, contributing to the breakdown of this stability.
(D) Public notice of hearings.
(1) In cases of requests for variations, the Zoning Board of Appeals, and in cases of requests for conditional use permits or amendments to this chapter, the Zoning Board of Appeals shall conduct one or more public hearings.
(2) Public notice of such hearing or hearings shall be published at least once not less than 15 days nor more than 30 days before such hearing in a newspaper published within the village. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved and a brief description of the purpose of the hearing.
(3) Not less than 30 days before such a hearing, a copy of the public notice described above shall be sent by certified mail, return receipt requested, to every owner of property adjacent to the property under consideration for a variation, conditional use permit, or ordinance amendment.
(Ord. passed 2-5-1979; Ord. passed - -2005)