The village administration may recommend, and the Village President may approve an administrative variation without requiring a public hearing.
(A) Procedure.
(1) For the eligible actions as listed in this section, property owners and their authorized representatives may apply for an administrative variation prior to or concurrent with a building permit application.
(2) All such reviews shall include a minimum 15-day comment period to allow potentially affected property owners an opportunity to review the proposal. The comment period shall begin no earlier than the date of the certified mailing as described in this section.
(3) The Village Administration shall review the scope of the proposal and forward a recommendation to the Village President. The Village President may require a full public hearing for any item requiring a variation.
(4) The applicant shall write a letter, to be delivered certified mail with receipt required, to the owners of property near the subject property as required by the Village Administration. At a minimum, all owners of property directly adjacent to the subject property shall be notified. The letter must identify the subject property, describe the action requested, list the deadline for comments to be provided to the village, and inform the recipient that the proposal is available for review at the village administrative offices.
(5) At the end of the comment period, the Village President shall review any comments received and determine whether to approve or deny the administrative variation. Actions which are denied an administrative variation may be reviewed immediately as described in the variances section herein.
(B) Eligible actions.
(1) Residential remodeling. Building permits for single-family homes and their accessory structures which would allow for existing nonconforming setbacks to continue. This includes, but is not limited to: additions of up to 50% of the existing floor area, garage or shed replacement
(2) Driveway, accessory structures, and accessory uses. Minor variations may be granted for deviations not in excess of 35% of the maximums allowed in the applicable bulk regulations of the zoning ordinance. Waivers may be granted to allow the construction of swimming pools, fences, or other accessory structures in a manner not inconsistent with the intent of the zoning ordinance.
(3) Parking location. Commercial or residential construction for which the existing parking setback is nonconforming. Does not include reductions in overall parking or increasing the extent of a nonconforming setback.
(4) Permitted obstructions. Single-family residential corner lot in which the front elevation of the principal building fronts the comer side yard as defined by the code, accessory structures as outlined in §§ 22.160 through 22.162 may be located within alternate yards from those specified in Table 19: Permitted Obstruction, so long as said accessory structure within the alternate yard complies with the applicable bulk requirements that would have otherwise been require by code and outlined in Table 20: Standards for Accessory Structures.
(C) Ineligible actions. Actions which increase the extent of the nonconforming setback (unless expressly authorized as an exception elsewhere within this Title).
(Ord. 16-O-11, passed 5-12-2016; Ord. 19-O-20, passed 9-17-2019; Ord. 20-O-21, passed 11-17-2020)