(A) Purpose. The variation process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this chapter that create practical difficulties or particular hardships.
(B) Initiation. An owner of any property in the village or other person expressly authorized by the owner in writing may request a variation for that property.
(C) Authority and execution. Variations may be authorized after a public hearing, where the Planning and Zoning Commission shall make recommendation on and the Village Board shall decide upon a variation application in accordance with division (F) below, that owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulties or particular hardship for the owner of land or a structure.
(D) Limitations on variations. No variations shall be permitted for the following regulations:
(1) To allow a use not listed as a permitted or special use within the districts.
(2) An increase in lot coverage of 10% or more over that allowed by the district regulations.
(3) An increase in impervious surface coverage of 10% or more over that allowed by the district regulations.
(4) An increase in building height for a single-family or two-family dwelling over that allowed by the district regulations.
(E) Procedure. All applications shall be filed with the Zoning Administrator in accordance with the requirements in § 153.041. Once it is determined that the application is complete, the Zoning Administrator shall forward a copy of the application to the Planning and Zoning Commission.
(1) Action by the Planning and Zoning Commission.
(a) The Planning and Zoning Commission shall conduct a public hearing in accordance with § 153.043 no more than 60 days of receipt of a complete application. Notice for the public hearing shall be in accordance with § 153.042. If, in the Planning and Zoning Commission’ judgment, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Planning and Zoning Commission may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information and/or the public hearing may be continued.
(b) Within 60 days of the close of the public hearing, the Planning and Zoning Commission shall forward its recommendation to the Village Board, together with the minutes of the hearing.
(c) The Planning and Zoning Commission shall evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in division (F) below. The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application.
(d) Every variation shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the variation, which shall remain part of the records of the Planning and Zoning Commission.
(2) Action by the Village Board. The Village Board shall consider the variation within 60 days of receipt of the Planning and Zoning Commission recommendation. The Village Board may also refer the application back to the Planning and Zoning Commission for further consideration.
(3) Conditions and restrictions. The Planning and Zoning Commission may recommend, and the Village Board may impose, such conditions and restrictions upon the location, construction, design and use of the property benefitted by a variation as may be necessary or appropriate to protect the public interest, adjacent property and property values. Failure to maintain such conditions or restrictions as may be imposed shall constitute grounds for revocation of the variation. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the recommendation and approval.
(F) Approval Standards for Variations.
(1) No variation from the provisions of this chapter shall be granted unless the Planning and Zoning Commission and Village Board make specific written findings based on the standards imposed by this section. These standards are as follows:
(a) The strict application of the terms of this chapter will result in undue hardship unless the specific relief requested is granted.
(b) The plight of the owner is due to unique circumstances inherent to the subject property and not from the personal situation of the owner.
(c) The variation, if granted, will not alter the essential character of the locality.
(2) The Planning and Zoning Commission and Village Board, in making its findings, may inquire into the following evidentiary issues, as well as any others deemed appropriate:
(a) The particular physical surroundings, shape or topographical conditions of the specific property impose a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(b) The alleged difficulty or hardship has not been created by any person presently having a proprietary interest in the property in question.
(c) The granting of the variation will not be detrimental to the public welfare in the neighborhood in which the property is located.
(d) The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety or impair property values within the neighborhood.
(e) The proposed variation is consistent with the spirit and intent of this chapter and the adopted Comprehensive Plan.
(f) The value of the property in question will be substantially reduced (as compared with other properties in the same zoning district) if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located.
(G) Variation less than requested. A variation less than that requested may be granted by the appropriate administrative body when the record supports the applicant’s right to some relief, but not to the entire relief requested.
(H) Revocation of variation. No order of the Village Board granting a variation shall be valid for a period longer than 180 days from the date of such order unless a building permit is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period. The Planning and Zoning Commission may recommend, and upon such recommendation, the Village Board may grant, one extension of this period, valid for no more than 180 additional days, upon written application, and good cause shown, without notice or hearing.
(I) Limitations on denials. No application for a variation, which has been denied by the Village Board, shall be reconsidered for a period of one year from that date of denial, except as described in § 153.041(F).
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)