3-8B-11: VARIATIONS:
Any applicant or licensee seeking relief or a variation from the provisions of this article shall submit to the health officer, in writing, a detailed explanation of the nature of the relief sought and why compliance with the terms of this article would create practical difficulties and unnecessary hardship to the applicant. The health officer shall, within fifteen (15) days of receipt of such request, set a time and place for a hearing before the village manager. Notice by certified mail of such hearing shall be given the applicant and shall also be posted in a prominent location in the licensed facility, not less than fifteen (15) days nor more than thirty (30) days prior to the date for the hearing.
The village manager shall promptly render a written decision at the conclusion of any such hearing and, if relief is granted, shall make special findings showing wherein the applicant would suffer practical difficulty or particular hardship in complying with this article. The decision shall be submitted to the village mayor and board of trustees. The mayor and board may review, amend and revise such decision and the decision of the mayor and board of trustees shall be deemed final.
(Ord. 1905, 7-28-1987; amd. 1992 Code; Ord. 3270, 6-21-2011)