Variance as provided in this subchapter shall be considered the same as variations provided under state statute. Lawful variations granted to a property prior to the effective date of this chapter shall be considered lawful variances without the need for approval of a variance hereunder. Except that where such a variation is not needed under this chapter, variance status shall not be applicable.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)
In recommending approval or conditional approval of a variance, Planning and Zoning Commission shall transmit to the President and Board of Trustees written findings of fact that all of the conditions below apply to the application. The President and Board of Trustees shall not be bound by the recommendation of the Board of Appeals. However, in granting approval, the President and Board of Trustees shall similarly find that all of the following conditions apply:
1. Special circumstances not found elsewhere. Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought ad that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them.
2. Circumstances relate to the property only. Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property.
3. Not resulting from applicant action. The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the party.
4. Unnecessary hardships. For reasons fully set forth in the written findings, the strict application of the provisions of this chapter would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience.
5. Preserves rights conferred by district. A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district.
6. Necessary for use of property. The grant of a variance is necessary not because it will increase the applicant’s economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property.
7. Not alter character. The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity.
8. Consistent with ordinance and plan. The granting of a variance will be in harmony with the general purpose and intent of this chapter and of the Comprehensive Plan of the village, as viewed in light of any changed conditions since their adoption.
9. Minimum variance recommend. The variance recommended by the Board of Appeals and approved by the President and Board of Trustees is the minimum required to provide the applicant with reasonable use and enjoyment of his property.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)