(A) Authority: The Board of Trustees has the authority to grant variations from the provisions of this chapter in accordance with the procedures set forth in this chapter and subject to the standards set forth in this section.
(B) Purpose: The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this chapter that create practical difficulties or particular hardships. If the difficulties or hardships are more appropriate for remedy under any other provision of this chapter, the variation procedure is inappropriate.
(C) Parties Entitled To Seek Variations: Applications for variations may be filed by the owner of, or person having a contractual interest in, the lot.
(D) Procedure:
(1) Application. Applications for variations must be filed and in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.
(2) Public Hearing. A public hearing will be set, noticed, and conducted by the Zoning Board of Appeals in accordance with §§ 159-2.202 and 159-2.203 of this part.
(3) Action By Zoning Board Of Appeals. Within 35 days following the close of the public hearing, the Zoning Board of Appeals will render its decision recommending the granting or denying of the variation. The failure of the Board of Appeals to act within 35 days, or such further time to which the owner may agree, will be deemed to be a decision recommending denial of the variation.
(4) Recommendations Of Denial. Where the Zoning Board of Appeals has recommended that a variation be denied, it may not be granted except by the favorable vote of 2/3 of all the Trustees then holding office.
(E) Standards: No variation may be recommended or granted pursuant to this section unless the owner has established that carrying out the strict letter of the provisions of this chapter would create a particular hardship or a practical difficulty.
(F) Findings Of Fact: Upon review of the application and information presented at the public hearing, the Zoning Board of Appeals will consider the following criteria which are consistent with the rules provided to govern determinations of the Zoning Board of Appeals as referenced by State Statute.
(1) No variation may be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located.
(2) There must be evidence that the plight of the owner is due to unique circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and the granting of the variation would not be of so general or recurrent nature as to suggest that this chapter should be changed.
(3) There must be evidence that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district.
(4) The variation must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
(5) There must be evidence that the variation, if granted, will not alter the essential character of the locality. No variation may be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
(G) No Powers To Change Zoning Or Grant Use Variations: Nothing in this chapter may be construed to give or grant to the Zoning Board of Appeals the power or authority to alter or change this chapter or any zoning district made a part of the Village zoning map, such power and authority being reserved to the Village Board, nor may the Zoning Board of Appeals grant use variances. The Zoning Board of Appeals does not have any power or authority with respect to any alterations or change in this chapter except to make recommendations to the Village Board in specific cases as may properly come before the Zoning Board of Appeals.
(H) Variation Less Than Requested: A variation less than or different from that requested may be granted when the record supports the owner's right to some relief but not to the relief requested.
(I) Conditions On Variations: The Zoning Board of Appeals may recommend and the Board of Trustees may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this chapter upon the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other lots and improvements in the vicinity of the subject lot or upon public facilities and services. Such conditions will be expressly set forth in the ordinance granting the variation. Violation of any condition or limitation will be a violation of this chapter and will constitute grounds for revocation of the variation.
(J) Effect Of Grant Of Variation: The grant of a variation will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but merely authorizes the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the Village including, but not limited to, building permits.
(K) Expiration Of Variation: No variation permitting a use of a building or property will be valid for a period longer than 18 months, unless such use is established within such period provided, however, where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(Ord. 17-2-2065, passed 2-27-2017)