(a) The provisions set forth hereunder shall apply to the review and grant of variances under this Code.
(b) An applicant seeking a variance shall submit a written request for variance on forms provided by the Planning Zoning Administrator together with the applicable fee. In addition to information relating to the subject property and the applicant, the request for a variance shall include the following information :
(1) A description of the nature of the variance requested and a statement demonstrating the extent to which the requested variance conforms to the standards for variance in this Code;
(2) A statement of hardship; and
(3) Such other information and exhibits as may be appropriate to establish the facts of the appeal and the grounds for relief.
(c) Before approving or denying a request, the BZA shall hold at least one public hearing on the matter. The BZA shall cause notice of the hearing to be made to the public by seven (7) days advance publication, in a newspaper of general circulation in the Village, of the place, time, date and the nature of the variance applied for. The BZA shall also cause the subject property to be posted with a notice of hearing at least seven (7) days prior to the day of the hearing. The notice of hearing shall state thereon the nature of the request and the time and place of the public hearing.
(d) No variance from the strict application of the provisions of this Code shall be granted unless the BZA makes specific findings of fact, based on the evidence presented to it, which support conclusions that the variance conforms to the following standards:
(1) The variance is in accord with the general purpose and intent of the regulations imposed by this Code in the district in which it is located and shall not be injurious to the area or otherwise detrimental to the public welfare.
(2) The variance will not permit the establishment of any use which is not otherwise listed as a permitted use or a conditional use in the zone or district in which the subject property is situated.
(3) There exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought, which are peculiar to such land or structures and which do not apply generally to land or structures in the area, and which are such that the strict application of the provisions of this Code would deprive the property owner of the reasonable use of such land or structures. There must be a deprivation of the beneficial use of land, as opposed to mere loss in value as justification for the variance.
(4) There is proof of hardship or practical difficulty created by the strict application of this Code, beyond simply a showing that greater profit will result if the variance is granted. Economic hardship is not grounds for the variance. Furthermore, the hardship complained of is not self- created nor is it established on this basis by one who purchased with or without knowledge of the restrictions. The hardship results from the application of this Code and is suffered directly by the property in question.
(5) The variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose.
(6) The variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.
(7) The variance will not confer on the property owner any special privilege that is unduly denied by this Code to other land, structures, or buildings in the same district.
(8) No nonconforming use of neighboring land or structures in the same district and no permitted or nonconforming use of land or structures in other districts are considered as grounds for approval of the variance.
(9) The variance is not a matter of convenience when other remedies are available within the provisions of this Code.
(e) In granting any variance, the BZA shall establish such conditions as are necessary to secure substantially the objectives of this Code. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a violation of this Code.
(f) No action of the BZA granting a variance shall be valid for a period longer than twelve (12) months from the date of such action unless the zoning certificate is obtained within such period, and the erection or alteration of a structure is started or the use is commenced within such period, provided however, notwithstanding anything to the contrary herein, such twelve (12) month period may be extended by the Building and Zoning Inspector upon the demonstration by the applicant that any delay in the commencement of the erection or alteration of a structure is the result of factors beyond the control of the applicant, in which case, the Building and Zoning Inspector may elect to grant an extension of up to six (6) months.
(g) The BZA shall not accept a new application for a variance that has been previously denied within twelve (12) months of denial.
(Ord. 32-2020. Passed 1-19-21.)