A. Authority To Grant Variance; Standards:
1. The Village Board of Trustees may approve variances to the standards contained in this chapter; provided, that no variance shall be approved unless the Village Board shall find that all of the following criteria have been met:
a. Because of special conditions or circumstances, a substantial hardship to the owner of the property would result, as distinguished from purely a financial hardship or a mere inconvenience, from strict compliance with the standards contained in this chapter.
b. The conditions or circumstances upon which the request for a variance is based are unique to the property affected and are not applicable generally to other property.
c. The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property.
2. In approving variances, the Village Board may require such other conditions as will, in its judgment, secure substantially the objectives of the standards contained in this chapter. (Ord., 2-2-2009)
B. Petition For Variance: A petition for any variance shall be submitted in writing, on a form approved by the Village, to the Streets and Public Utilities Committee, signed by the person intending to undertake any activity governed by this chapter. The petition shall state fully the grounds for the application and all facts relied upon by the petitioner. The Streets and Public Utilities Committee shall promptly forward the petition and any available plans or drawings to the Village Board and notify the petitioner of the date set for consideration of the petition. (Ord., 2-2-2009; amd. 2011 Code)
C. Decision Of Village Board: The Village Board shall, within a reasonable time after receiving the petition, consider the matter at a general or special meeting, at which time, the petitioner and all interested parties shall have the right to appear and present evidence or argument. The Village Board shall grant or deny the petition within thirty five (35) days of the meeting and shall send written notice of its decision to the petitioner. The decision of the Village Board is final. (Ord., 2-2-2009)