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A. Purpose: The village board of trustees, by ordinance, may grant a variation in the regulations of this ordinance in harmony with their general purpose and intent. (Ord. 89-54, 6-26-1989)
B. Hearings On Petitions: The zoning board of appeals shall conduct a public hearing on the petition at the time and place as stated in the notice. The village staff shall submit its report and recommendation to the zoning board one week before the date of the public hearing. (Ord. 2009-18, 8-11-2009)
C. Standards For Variations: The zoning board of appeals shall not recommend a variation unless the zoning board of appeals has made findings based upon the evidence presented to it in each specific case that at least three (3) of the six (6) conditions listed in this subsection exist. Likewise, the village board of trustees shall not overrule a recommendation of the zoning board of appeals to deny a variation unless the village board specifically finds that at least three (3) of the six (6) conditions listed in this subsection exist. The conditions are:
1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
2. The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification.
3. The purpose of the variation is not based exclusively upon a desire for monetary gain from the property.
4. The alleged difficulty or hardship is caused by this ordinance and has not been created by any persons presently having an interest in the property.
5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
6. The granting of the variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
D. Imposition Of Standards And Restrictions: The zoning board of appeals or the village board of trustees may recommend the imposition of such conditions and restrictions upon the premises, benefited by a variation, as may be necessary to comply with the standards established in this section, to reduce or minimize the effect of such variation upon other properties in the neighborhood, and to better carry out the general intent of this ordinance. (Ord. 2003-07, 3-18-2003)
E. Authorized Variations: The zoning board of appeals shall have final authority to decide variations from the regulations of this ordinance in accordance with the standards established in this section only in the following instances. All other petitions for variations shall be determined by the village board of trustees after a hearing on the petition as required pursuant to subsection F2 of this section.
1. Yards And Setbacks: To permit any front, side, or rear yard setback less than the yard required by the applicable regulations.
2. Lot Size: To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than seventy five percent (75%) of the required area.
a. 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.
b. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or ten percent (10%) of the applicable regulations, whichever number is greater.
c. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served.
4. Lot Coverage: To increase by not more than ten percent (10%) the maximum lot coverage of any use so limited by the applicable regulations. (Ord. 2009-18, 8-11-2009)
F. Recommendation And Adoption Of A Variation:
1. Recommendation Of Zoning Board: The concurring vote of four (4) members of the zoning board of appeals shall be necessary to recommend a variation.
2. Adoption By Board Of Trustees: The village board of trustees, by ordinance and without further public hearing, may adopt any proposed variation. Any proposed variation which fails to receive a favorable recommendation of the zoning board of appeals shall not be adopted except by a favorable vote of two-thirds (2/3) of all of the village board of trustees.
G. Variation Time Restriction: No order of the village board of trustees granting a variation shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. (Ord. 89-54, 6-26-1989)