Upon application to the plat officer, variations from the provisions of this chapter may be authorized by the board of trustees in accordance with the provisions of this section.
(a) Statement of justification. In applying for a variation from the provisions of this chapter, the applicant shall demonstrate in writing that each of the following criteria is satisfied:
(1) The requested variation is in keeping with the overall purpose and intent of this chapter;
(2) The grant of the requested variation will not impair the public health, safety or general welfare and will not contravene the goals of the comprehensive plan nor the intent of this chapter;
(Ord. No. 2006-11-3153)
(3) The grant of the variation will not adversely impact adjacent properties; and
(4) The situation of the applicant is not of a general or recurring nature for similarly situated properties within the village or within its jurisdiction.
(b) Limitations on variations. No variation granted pursuant to this section shall relieve an applicant from complying with every other requirement of law. Nothing provided in this section shall be construed or applied as authority of the board of trustees to vary any requirement of law other than the provisions of this chapter.
(c) Conditions may be imposed. In authorizing a variation, the board of trustees may impose such conditions regarding the location, character and other features of the proposed subdivision or development as it may, in its sole and absolute discretion, deem necessary in the public interest, and may require the posting of a performance guarantee to insure compliance with the conditions imposed.
(d) Procedure for review of variation requests. Applications for variations of the provisions of this chapter shall be reviewed concurrently with the related subdivision application, except as otherwise provided by the board of trustees on a case-by-case basis. Every such application for variation, however, shall be heard at a public meeting of the plan commission, which shall formulate a recommendation regarding such application for variation as part of its recommendation on the subdivision itself. Thereafter, the board of trustees shall consider the variation at a public meeting, but only after notice thereof given to the applicant in writing not less than five days nor more than 30 days before such public meeting. An application for a variation shall be deemed to be a waiver by the applicant of any prescribed time limitations on the plan commission or board of trustees in their respective reviews of the subdivision application affected by the variation request.
(Ord. No. 2005-08-3128)