The applicant must submit and the village planning and zoning commission and governing body shall use the following criteria when voting to approve or not approve variances. The following items must be submitted along with the completed variance application:
A. Proof Of Right:
1. Legal description of the property;
2. Proof of ownership, or when the applicant is not the owner of the property, proof of legal right to apply for the permit.
B. Support Documentation:
1. Proof of compatibility of the proposed variance with the comprehensive plan of the village;
2. The appropriate application fee.
C. Considerations: Cost and inconvenience to the applicant of strict or literal compliance with the regulation may be given consideration, but shall not be the sole reason for granting a variance. Variances will be considered in the following cases:
1. Height, yard, setback, lot area, site coverage and gross floor area requirements;
2. Parking and loading requirements;
3. Sign and fence requirements;
4. Limitations for minimum stated distances.
D. Required Findings: Before recommending approval of a variance the planning and zoning commission must make the following findings, and before approving a variance request that the governing body must also make the following findings:
1. Approval of the variance request will not allow a use which is not permitted by right, by conditional use permit, or by temporary use permit;
2. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same land use district and in the immediate vicinity of the variance request;
3. Granting of the variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the immediate vicinity;
4. By granting the variance, the spirit of this title will be observed, public safety and welfare secured, and substantial justice done; and
5. The variance is warranted for one or more of the following reasons:
a. Strict or literal interpretation and enforcement of the specified performance standard or regulation would result in extreme and unnecessary physical hardship inconsistent with the purposes of this code,
b. Exceptional or extraordinary circumstances or conditions resulting from size, shape or existing structures thereon, or from topographic or physical conditions on the site or in the immediate vicinity that are related to the site of the variance but that do not apply generally to other properties in the same land use district in other parts of the village.
E. Duration Of A Variance: A variance may be issued for an indefinite duration or for a specified time.
F. Voting On Variance Requests: The following votes are required for approval of a variance:
1. An affirmative vote of a majority of the planning and zoning commission is required for the commission to recommend approval of a variance application to the governing body.
2. An affirmative vote of a majority of the governing body is required for the approval of a variance application.
G. Recordation Of Variances: The case number of a variance shall be entered on the parcel identified on the official zoning map of the village as the parcel for which such variance is issued. (Ord. 256 art. II § 10, 1993)