The Village Board, after receiving the recommendation of the Planning Commission, may authorize exceptions to any of the requirements and regulations set forth in this subchapter upon the conditions below set forth.
(A) Application for exception. Application for any exceptions shall be made by petition of applicant stating fully the grounds for the application.
(1) Such petition shall be filed with the site development permit application.
(2) In order for the site referred to in the petition to come within the provision of this section, it shall be necessary that the Planning Commission find all of the following facts with respect thereto:
(a) That the site is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record that it is impossible or impractical for the developer to comply with all of the regulations of this subchapter;
(b) That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(c) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject site.
(B) Referral of proposed exception. Each proposed exception shall be referred to the Village Engineer and the Village Engineer shall transmit to the Planning Commission recommendations, which recommendations shall be reviewed prior to the granting of any exception.
(C) Planning Commission. After hearing thereon, the Planning Commission may recommend approval of the site development permit application with the exceptions and conditions it deems necessary or it may recommend disapproval of such site development permit application and exception application or it may take such other action as is appropriate.
(1) Recommendations of the Planning Commission shall be submitted for final action to the Village Board.
(2) If the Village Board fails to make a determination within 45 days after receipt of the Planning Commission's recommendations, such failure shall constitute an approval of the Planning Commission's recommendations, unless such 45 days is extended with the consent of the applicant.
(Ord. 1996-01, passed 2-13-1996; Am. Ord. 2007-15, passed 7-10-2007; Am. Ord. 2021-03, passed 3-9-2021) Penalty, see § 153.999