(A) When there are practical difficulties and unnecessary hardships in the way of carrying out the strict letter of this subchapter, any applicant may apply for a variance in writing to the Village Council stating the specific reasons why the variance is being requested. The Village Council shall have the power to vary or modify the application of the provisions of this subchapter so that the intent and purpose of the subchapter shall be observed and the public safety secured.
(B) The Village Council may consider an application to waive the paving requirements for a private road if one or more of the following conditions are met:
(1) The proposed private road connects to an unpaved county primary or local road or another unpaved private road;
(2) The proposed private road will receive only limited use at the time of application or in the future; and/or
(3) Paving will significantly increase stormwater runoff, creating a potential for flooding and/or soil erosion or otherwise causing an adverse environmental impact due to the topographical and physical characteristics of the parcel.
(C) The Village Council may attach reasonable conditions in granting any variance from any provision of this subchapter, and the breach of any conditions or the failure of any application to comply with the conditions shall void the variance. The provisions of this subchapter are intended, in part, to enable variances to be granted, and conditions attached to the variances to facilitate the upgrading of prior nonconforming rights-of-way and private roads to the standards of this subchapter, in a reasonably practical manner, including, but not limited to, the rights-of-way as have been established, recorded, constructed or maintained prior to the date of adoption of this subchapter which cannot be brought into conformity with this subchapter without unnecessary hardship and practical difficulty due to soil conditions, topographical considerations or other factors.
(Prior Code, § 92.25) (Ord. 26, passed 3-1-1994; Ord. 26, passed 11-6-1995)