(A) Purpose. The Planning and Zoning Commission shall determine and vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Planning and Zoning Commission makes a finding of fact based upon the standards hereinafter prescribed, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of the chapter.
(B) Application for variations. An application for a variation shall be filed with the Zoning Administrator on a prescribed form. The application shall contain such information as the Planning and Zoning Commission may require. No more than 90 days after the filing of the application, a hearing shall be held on the application. Notice of the hearing shall be published at least once, not more than 30 days or less than 15 days before the hearing, in a newspaper of general circulation in the village.
(C) Standards of variations. The Planning and Zoning Commission shall not vary the regulations of this chapter, as authorized herein, unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located.
(2) The plight of the owner is due to unique circumstances.
(3) The variation, if granted, will not alter the essential character of the locality.
(4) For the purpose of implementing the above rules, the Planning and Zoning Commission shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:
(a) The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations are carried out.
(b) The conditions upon which the petition for a variation is based would not be applicable, generally, to other property within the same zoning classification.
(c) The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
(d) The alleged difficulty or hardship has not been created by the owner of the property.
(e) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(f) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood or adversely affect the health, morals or general welfare of the public.
(5) The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in this section, to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this chapter.
(D) Authorized variations. Variations from the regulations of this chapter shall be granted by the Planning and Zoning Commission only in accordance with the standards, as set forth in this subchapter and may be granted only in the following instances, and in no others:
(1) To permit any yard or setback less than a yard or a setback required by the applicable regulations;
(2) To permit the use of a lot or lots not of record on the effective date of this chapter for a use otherwise prohibited solely because of insufficient area of width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 90% of the required area and width;
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of the facility by each use does not take place at approximately the same hours of the same days of the week;
(4) To reduce the applicable off-street parking or off-street loading facilities required by not more than one parking space or loading space, or 20% of applicable regulations, whichever number is greater; or
(5) To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served.
(E) Decisions. The concurring vote of the five members of the Planning and Zoning Commission shall be necessary to approve a variation.
(1983 Code, § 9-13-6) (Ord. 09-07, passed 9-8-2009)