A. Authority: The community development director or his designated representative shall have the authority, consistent with this chapter, to recommend the granting or denial of special variances.
B. Application For Variance; Notice: Any person seeking a special variance pursuant to this chapter shall file an application with the community development director or his designated representative. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special variance shall be given by the community development director or his representative to the owners of property within one thousand feet (1,000') of the source of the sound or activity and who may be adversely affected by the granting of the variance. Any individual who claims to be adversely affected by allowance of the special variance may file statement with the director or his representative containing any information to support his claim.
C. Grounds For Variance; Additional Information: In determining whether to recommend to grant or deny the application, the community development director or his designated representative shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit such additional information as the community development director or his representative may reasonably require.
D. Recommendation; Grant Or Denial: The community development director shall, within ten (10) working days of receipt of the application and all supporting documentation, forward his recommendation to the village board of trustees for its consideration. The village board of trustees shall grant or deny the application and shall place in the minutes of its proceedings the decision and the reasons for denying or granting the special variance.
E. Notice Of Decision; Compliance With Conditions: The community development director shall notify the applicant of the decision of the village board of trustees in writing. A special variance shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are adhered to by the applicant. Noncompliance with any conditions of the special variance shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special variance was granted.
F. Time Extensions: Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances.
G. Guidelines: The community development director or his designated representative may issue guidelines approved by village board of trustees defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether or not to grant a special variance.
H. Stay Of Proceedings: Enforcement of this chapter shall be stayed as to any person filing an application for a special variance pursuant to this section, until such time as the application is acted upon by the Village Board of Trustees. (Ord. 98-70, 12-3-1998)