A. Authority: The Board of Trustees may determine and vary the application of the regulations established in this Title in harmony with its general purpose and intent and in accordance with the rules contained herein in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of these regulations relating to the use, construction or alteration of buildings or structures or the use of land. The power to determine and approve variations shall be exercised only by the adoption of ordinances.
B. Notice Of Hearing: Variations shall be made only in a specified case and after public meeting before the Zoning Board of Appeals. There shall be notice of the time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing in a newspaper published in the Village, or if no newspaper is published therein, then in a newspaper with a general circulation within the Village. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists. In addition to said published notice, the applicant for variation shall cause a copy of the published notice to be sent by certified mail, return receipt requested, at least five (5) days before the hearing, to the person in whose name the last taxes were billed of every lot or parcel which lies within five hundred feet (500') of the boundaries of the lot or parcel upon which the variation is proposed.
C. Decisions: After the public hearing and upon the report of the Zoning Board of Appeals, the Board of Trustees, by ordinance, without further public hearing may adopt any proposed variation, or may refer it back to the Zoning Board of Appeals for further consideration. Any proposed variation which fails to receive the approval of the Zoning Board of Appeals shall not be passed except by the favorable vote of two-thirds (2/3) of all Trustees of the Village.
D. Rules Governing Variations: Variations shall be recommended by the Zoning Board of Appeals and approved by the Board of Trustees only if the evidence shows the following:
1. The variation, if granted, will not alter the essential character of the locality;
2. There are practical difficulties and particular hardships in the way of carrying out the strict letter of the regulations from which a variation is sought;
3. The relief, if granted, is the minimum necessary;
4. There will be no additional threat to public safety or creation of a nuisance; and
5. No additional public expense will result.
E. Accompanying Information: All variations shall be accompanied by findings of fact specifying the reason or reasons for making the variation. (Ord. 60-08, 4-27-60; amd. Ord. 81-01, 1-28-81; Ord. 98-09, 5-27-1998; Ord. 2023-O-12, 7-26-2023)