The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship.
(a) Application and Standards for Variances. Except as otherwise permitted in this Ordinance, no variance in the strict application of the provisions of this Ordinance shall be granted by the Board of Zoning Appeals unless the Board shall find that the written application for the requested variance contains all of the following requirements:
(1) Name, address, and phone number of applicant(s);
(2) Legal description of property;
(3) Description or nature of variance requested;
(4) A fee as established by the Village fee ordinance; and,
(5) Narrative statements establishing and substantiating that the variance conforms to the following standards:
A. The granting of the variance shall be in accord with the general purpose and intent of the regulations imposed by this Ordinance in the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare;
B. The granting of the variance will not permit the establishment of any use which is not otherwise permitted in the district;
C. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land or buildings and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there must be deprivation of beneficial use of land;
D. There must be proof of hardship created by the strict application of this Ordinance. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created nor can it be established on this basis by one who purchases, with or without knowledge of the restrictions; it must result from the application of this Ordinance. It must be suffered directly by the property in question and evidence of variances granted under similar circumstances need not be considered;
E. The granting of the variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose;
F. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area; and,
G. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(b) Additional Conditions and Safeguards. The Board of Zoning Appeals may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a punishable violation under this Ordinance.
(c) Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(d) Notice of Public Hearing in Newspaper. Before conducting the public hearing required in subsection (c) hereof, notice of such hearing shall be given in a newspaper of general circulation in the Village at least thirty (30) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal of variance.
(e) Notice to Parties of Interest. Before conducting the public hearing required in subsection (c) hereof, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least thirty (30) days before the day of the hearing to all parties of properties within 200 feet of the property in question. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (d) hereof.
(f) Action by Board of Zoning Appeals. Within thirty (30) days after the public hearing, required in subsection (c) hereof, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in subsection (b) hereof, or disapprove the request for variance. The Board of Zoning Appeals shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. Appeals from Board decision shall be made in the manner specified in Section 1149.07.
(g) Term of Variance. No order of the Board of Zoning Appeals granting a variance shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit or zoning approval is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period.
(h) Authorized Variances. Variances from the regulations of this Ordinance shall not be granted unless the Board of Zoning Appeals makes specific findings of fact, based directly on the particular evidence presented to it, which support concludes that the standards and conditions imposed in subsection (a) hereof, and subsection (b) hereof if applicable, have been met by the applicant. Variances may be granted as guided by the following:
(1) To permit any yard or setback less than the yard or setback required by the applicable regulations;
(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but should not be less than eighty percent (80%) of the required area and width;
(3) To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
(4) To reduce the applicable off-street parking or loading facilities required, but generally by not more than thirty percent (30%) of the required facilities;
(5) To allow for the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance;
(6) To increase the maximum distance that required parking spaces are permitted to be located from the use served, but generally not more than forty percent (40%);
(7) To increase the maximum allowable size or area of signs on a lot, but generally by not more than twenty-five percent (25%); and,
(8) To increase the maximum gross floor area of any use so limited by the applicable regulations, but generally not more than twenty-five percent (25%).
(Ord. 1045. Passed 10-14-14.)
(Ord. 1045. Passed 10-14-14.)