A. Authority. The Zoning Board of Appeals shall have the authority to grant variations from the provisions of this Code, but only in compliance with the provisions of this Section.
B. Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from particular applications of this Code that create practical difficulties or particular hardships for which no other remedy is available.
C. Parties Entitled to Seek Variations. Applications for variations may be filed by the owner of the subject property.
D. Procedure.
1. Application. Applications for variations shall be filed in accordance with the requirements of Section 7-201 of this Code. In addition, every application for variation shall include a landscaping plan or other evidence of landscaping for the lot or lots for which the variation is sought.
2. Public Hearing. A public hearing shall be set, noticed, and conducted in accordance with Section 7-203 of this Code.
(a) Action by Zoning Board of Appeals. Within 45 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision granting or denying the variation, in the manner and form specified by Subsection 7-102H of this Code. The failure of the Board of Appeals to act within 45 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the variation.
E. Authorized Variations
1. Permitted Variations. The Zoning Board of Appeals may vary the provisions of this Code only as provided in this Paragraph E1. The authority of the Zoning Board of Appeals to vary the provisions of this Code are subject to the prohibitions set forth in Paragraph E2 of this Section and proof by the applicant of each of the standards set forth in Subsection F of this Section.
Under no circumstances shall the list of permitted variations in this Paragraph E1 be construed as an entitlement, right, or claim for any applicant.
The Zoning Board of Appeals may vary the provisions of this Code in harmony with its authority and purposes and so that the spirit of this Code shall be observed, public safety and welfare secured, and substantial justice done in the following cases and in no others:
(a) To reduce by not more than 20 percent the dimension of any required front, side, or rear yard, or setback; provided, however, that where the maximum front yard variation provided by this Subparagraph requires a front yard greater than 25 percent of the depth of the lot, the Zoning Board of Appeals may make a further variation which shall in no case establish a front yard line at a distance less than 25 percent of the lot depth; provided further that where the rear lot line in a residential district abuts the rear or side lot line of a lot zoned B-1 or B-2, the Zoning Board of Appeals may further reduce the dimension of any required rear yard to allow for the construction, reconstruction, or expansion of any accessory structure on the residential property (Amended Oct 1994); provided further that on corner or through lots, the Zoning Board of Appeals may reduce the required front setback for accessory structures, including residential recreational facilities, to no less than 12 feet; provided further, however, that no variation shall be granted from Green Bay Road yard requirements for lots in the B-2 District. (Am. Ord. 2022-08-3528, passed 3-17-2022)
(b) To increase by not more than five percent the maximum allowable height of a structure.
(c) To reduce by not more than 10 percent the required lot area of any lot.
(d) To reduce by not more than 15 percent the required average lot width of any lot.
(e) To increase by not more than 15 percent the maximum total ground coverage of a lot or the maximum building coverage allowed for accessory buildings.
(f) To allow, notwithstanding the limitations contained in Subparagraphs (a), (c), (d), and (e) of this Paragraph, the restoration of a structure occupied by a nonconforming use or a nonconforming accessory structure, when such structure has been damaged or destroyed to the extent of more than 50 percent of the cost of replacing such structure new, without elimination of such nonconformity, and without requiring any special use permit that might otherwise be required pursuant to Section 7-502 of this Code.
(g) (deleted - Feb 19, 2004
(h) (reserved)
(i) To increase by not more than 15 percent the maximum gross floor area of the structures on a lot.
(j) For a vertical extension of a nonconforming structure only, to reduce by any amount the dimensions of the required front, side, or rear yard or setback, provided that no point on such vertical extension is closer to the front, side, or rear lot line than the portion of the nonconforming structure over which the vertical extension is added.
(k) To permit any of the foregoing variations in excess of the stated limits when necessary for the restoration of an historically or aesthetically important feature of a structure that has been certified either as a landmark or as part of any historic district in the Village.
(m) Subject to the limitations in subparagraphs (a), (b), and (c) above, to vary the location, lighting, or use requirements for tennis courts.
(n) To allow portions of buildings to intercept the setback plane to an extent greater than permitted under Paragraph 3-111G14 of this Code.
(o) To allow the construction of garages with vehicular doors extending more than 18 feet, or a single door more than 9 feet, but not in excess of 27 feet, along with the building front or corner building front, notwithstanding the limitations based on frontage in Subsection 3-108C of this Code.
(p) To exercise such other powers of variation as are or may be vested in the Zoning Board of Appeals by law.
2. Prohibited Variations. Notwithstanding any other provision of this Section, no variation shall be granted that is intended as a temporary measure only.
F. Standards for Variations.
1. General Standard. No variation shall be granted pursuant to this Section unless the applicant shall establish that carrying out the strict letter of the provisions of this Code would create a particular hardship or a practical difficulty. Such a showing shall require proof that the variation being sought satisfies each of the standards set forth in this Subsection F.
2. Unique Physical Condition. The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.
Alternatively, a lot may qualify for a variation where there exists on or in connection with such lot physical, historical, or architectural features that have exceptional relevance to the surrounding properties or the community as a whole, if the strict application of the regulation in question would affect such features in a way that would cause detriment to the interests of surrounding properties or the community as a whole; provided, however, that the foregoing shall only apply to lots having a physical, historical, or architectural feature that either: (a) is certified as a landmark pursuant to Chapter 26A of the Glencoe Village Code, or (b) has received honorary status as set forth in chapter 26B of the Village Code, or (c) the Glencoe Historic Preservation Commission has concluded that the lot satisfies the criteria for certification as a landmark as set forth in Chapter 26A of the Glencoe Village Code or honorary status as set forth in chapter 26B of the Village Code.(Paragraph added and adopted December, 2002; Amended Ord. 2013-10-3340, passed March 21, 2013)
3. Not Self-Created. The aforesaid unique physical condition is not the result of any action or inaction of the owner, or of the owner's predecessors in title and known to the owner prior to acquisition of the subject property, and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this Code, for which no compensation was paid.
4. Not Merely Special Privilege. The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the use of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship shall not be a prerequisite to the grant of an authorized variation.
5. Code and Plan Purposes. The variation would not result in a use or development of the subject property that would be not in harmony with the general and specific purposes for which this Code and the provision from which a variation is sought were enacted.
6. Essential Character of the Area. The variation would not result in a use or development on the subject property that:
(a) Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements permitted in the vicinity; or
(b) Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity; or
(c) Would substantially increase congestion in the public streets due to traffic or parking; or
(d) Would unduly increase the danger of flood or fire; or
(e) Would unduly tax public utilities and facilities in the area; or
(f) Would endanger the public health or safety.
G. Variation Less Than Requested. A variation 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.
H. Conditions on Variations. 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 variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the resolution granting the variation and in any zoning or building permit based thereon. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the variation.
I. Parking Space Variation. In addition to the conditions set forth in Subsection H of this Section, any variation in the number of parking spaces required by Subparagraphs 5-104E1(h)(i) and 5-104E1(h)(ii) of this Code shall be conditioned upon approval by the Zoning Board of Appeals of, and in strict compliance with, a detailed parking plan setting forth the exact number of parking spaces to be provided and showing all provisions for (1) wheel stops, (2) markings, (3) surfacing, (4) screening and landscaping, (5) lighting, and (6) access. Further, such variation may also be conditioned upon specific limitations of the use of the premises, which limitations shall be unconditionally agreed to by the owner of the premises and entered upon the records of the Recorder of Deeds in the county where such premises are located. Such conditions shall be expressly set forth in the resolution granting the variation and in any zoning or building permit based thereon.
J. Affidavit of Compliance with Conditions. Whenever any variation authorized pursuant to this Section is made subject to conditions and limitations to be met by the applicant, the Village Manager may require the applicant, upon satisfying such conditions, to file with the Village an affidavit certifying such satisfaction.
K. Effect of Grant of Variation. The grant of a variation 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 subdivision approval.
L. Limitations on Variations.
1. Time Period. Subject to an extension of time granted by the Zoning Board of Appeals as authorized by Paragraph 2 of this Subsection 7-403L, no variation 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.
2. Time Extension. The Zoning Board of Appeals may, upon written request of the owner of the subject property, extend the time limit imposed by Paragraph L1 of this Section for a period not exceeding 12 months if it deems such an extension appropriate and necessary to avoid undue hardship to such owner. Such written request must be submitted to the Zoning Board of Appeals prior to the expiration of the time limit for which an extension is sought. Any such extension shall be made by written resolution.
3. Removal. A variation shall be deemed to authorize only the particular construction or development for which it was issued and shall automatically expire and cease to be of any force or effect if such construction or development shall be removed and not replaced within twelve months following such removal.
4. Expiration. In the event that any variation granted by the Zoning Board of Appeals becomes invalid by virtue of the passage of time pursuant to Paragraphs L1 or L3 of this Section, the owner of the subject property may reapply for such variation, but such re-application shall be treated as a new application and shall be granted or denied based solely on the facts and circumstances shown to exist at the time of such new application.