(A) Purpose. It is the intent of this section to provide for exceptions in the application of this chapter in order to provide for a flexible method for providing relief from the rigid requirements of this chapter.
(B) Authorized variations. Variations may only be considered and granted upon findings in compliance with this chapter and shall be limited to the following instances and in no others:
(1) To permit a yard smaller than the yard required by the applicable regulations;
(2) To permit the use of a lot or lots where the use otherwise would be prohibited solely because of insufficient area of the lot or insufficient average lot width. Provided however, no variation shall be granted if the area of the lot is less than 90% of the required lot area;
(3) In the R-2, R-3, R-4, R-5 and R-6 districts, to reduce the off-street parking requirements by not more than two parking spaces or 20%, whichever is greater, in the case of a dwelling which existed on the effective date of this chapter and which subsequently is lawfully converted into a multiple-family dwelling;
(4) For existing structures only, to grant relief from the applicable floor area ratio provisions of this chapter;
(5) To permit greater lot coverage than authorized by this chapter;
(6) To permit the extension of a district where the boundary line of the district divides a lot in single ownership as shown of record consistent with the provisions of this chapter;
(7) To interpret the intent of the official zoning map where the street layout actually on the ground varies from the street layout on the map, consistent with the provisions of this chapter;
(8) To permit the reconstruction of a nonconforming structure which has been destroyed or damaged by fire or other casualty, or an act of God or the public enemy, to the extent that the cost of the restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of construction of the entire building new, where the Board shall find that a continuation of the nonconforming use will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire, or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the village;
(9) To authorize the substitution of a nonconforming use in a nonconforming structure (all or substantially all of which structure is designed or intended for a use not permitted in the district in which it is located) where the new use is, or was, permitted in the same district or a more restricted district, as the nonconforming use which presently occupies the structure, but no such substitution or structural alteration shall be made unless the change or structural alteration and the use thereof conforms to all the regulations of the district in which the structure is located;
(10) To grant variations from the regulations herein contained for building setbacks and height regulations and the requirements of steep slope regulations, provided, however, that with respect to special setbacks such as steep slope regulations, in addition to the general standards for variations described in this division (B), the variance request meets the following additional conditions:
(a) The applicant shall demonstrate that geotechnical characteristics, hydrological controls and plans for vegetation will comport with the regulations contained herein for required plans and development standards; and
(b) The proposed development is a single-family residence or involves enhancement of a lot upon which a single-family residence exists.
(11) To recommend or grant variations related to dimensional, quantitative or bulk requirements, provided hearing therefor has been held as authorized by the Planning Commission and corporate authorities and all requirements have been satisfied as required under this chapter.
(C) Standing. A request for a variation from this chapter may be made by a property owner, a contract purchaser, or anyone having a proprietary interest in the subject property. All requests made by parties other than the property owner must be accompanied by written authorization from the property owner.
(D) Standards for variations. The Plan Commission shall recommend the granting of a variation when and only when it has determined from evidence presented to them and placed on the record, that all the following standards have been met:
(1) The requested variation does not permit a use otherwise excluded from that particular zoning district;
(2) The relief sought cannot be accomplished except by the granting of the requested variation and that the variation is the minimum relief necessary to accomplish the relief sought;
(3) The proposed variation will not impair an adequate supply of light or air to any other properties or uses, nor will it substantially increase the potential spread of fire or in any way endanger the public health or safety;
(4) The proposed variation will not adversely impact the value of other properties in the vicinity, nor will the granting of the variation adversely impact upon the ability of surrounding properties to be used and enjoyed for the purposes for which they have been planned and zoned, nor will it endanger the public health or safety; and
(5) Adequate evidence was presented to establish an undue hardship so that a variance should be permitted because of evidence of the following conditions:
(a) Strict enforcement of the code would involve practical difficulties or impose exceptional hardship;
(b) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the particular zoning district;
(c) The plight of the owner is due to unique circumstances; and
(d) The variation, if granted, will not alter the essential character of the locality.
(E) Conditions of variations. The Plan Commission may recommend and the Village Board may require such conditions and restrictions upon the subject property as may be necessary to guarantee that the implementation of the variation will further the standards set forth in this chapter.
(F) Expiration. No variation shall be valid for a period greater than 12 months (one year) from the date of the final vote by the Village Board of Trustees.
(Ord. 656, passed 7-2-2001; Ord. 706, passed 12-2-2002)