(a) Permitted Variances. Subject to the prohibitions set forth in this chapter and proof by the applicant of each of the standards for variances, the Zoning Board of Appeals may vary the provisions of this Code. The variance procedures are intended to provide a means by which relief from dimensional, numerical or locational standards may be granted from a particular application of the Zoning Code that is unreasonable and creates practical difficulties.
(b) Prohibited Variances. Notwithstanding any other provision of this chapter, no variance shall be granted that:
(1) Is intended as a temporary measure only;
(2) Is greater than the minimum variance necessary to relieve the particular hardship or practical difficulty demonstrated by the applicant; or
(3) Constitutes a change in land use resulting in the establishment of a use not normally permitted in the applicable use district.
(c) Standards for Variances Other than Sign Variances. The Board shall not grant a variance as authorized by § 1284.05 unless it can determine that there are practical difficulties encountered by the applicant in complying with this Zoning Code. The evaluation shall include, but is not limited to, the following criteria, which need not all be met in order to grant the requested variance.
(1) Whether the property will yield a reasonable return without the variance or whether there can be beneficial use of the property;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services;
(5) Whether the property owner purchased the property with knowledge of the limitations currently imposed on it by this Zoning Code;
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and
(7) Whether the spirit and intent behind this Zoning Code would be observed and substantial justice done by granting the variance.
(d) Standards for Sign Variances. In order that the public welfare may be guarded and substantial justice done, variances from the sign requirements of may be recommended for the following reasons:
(1) Where the literal application of Chapter 1262 would result in an unnecessary hardship peculiar to the property involved and not based on conditions created by the owner. As used in this division, “unnecessary hardship” does not include reduction of economic advantage.
(2) Where the granting of a variance will not unduly injure adjoining or neighboring property.
(e) Variance Different or Less Than Requested. A variance less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.
(f) Conditions on Variances. The Zoning Board of Appeals may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code upon the premises benefitted by a variance as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property. Such conditions shall be expressly set forth in the resolution granting the variance. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the variance.
(g) Compliance with Conditions. Whenever any variance authorized pursuant to this section is made subject to conditions and limitations to be met by the applicant, the applicant shall upon meeting such conditions notify the Building, Planning & Zoning Manager for inspection of compliance.
(h) Effect of Grant of Variance. The grant of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the Village including, but not limited to, a building permit, a certificate of zoning compliance, and site plan approval.
(i) Time Limitations on Variances. Subject to an extension of time granted by the Building, Planning & Zoning Manager, no variance from the provisions of this Code shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Zoning Certificate is issued and a use in conformance with the variance requested is commenced within that period.
(Ord. 12-64. Passed 3-12-13; Ord. 15-06. Passed 1-20-15; Ord. 20-24. Passed 3-10-20.)