(A) Intent
Variances are intended to provide relief from practical difficulties or unnecessary hardships resulting from strict application of a numerical or quantitative requirement of the Zoning Ordinance. Variances shall not be used to:
1. Permit a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e. “use variances” are prohibited);
2. Waive, modify, or amend any definition or use classification;
(a) A variance may be used to modify measurable elements within a definition or use classification.
3. Waive, modify, or amend any review and approval procedures; or
4. Waive, modify, or amend a condition of approval or requirement imposed by an authorized decision making body or the state or federal government.
(B) Authority to File
Variance applications may be filed by the subject property owner or by the property owner’s authorized agent.
(C) Application Filing
Complete applications for variances must be filed with the Zoning Administrator.
(D) Application Review and Report
1. The Zoning Administrator must review the variance application in accordance with Section 5-17-3(C).
2. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed variance in light of the standards and review criteria of this Section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed variance.
(E) Required Notice
1. Newspaper Notice. Notice of the Planning and Zoning Commission’s required public hearing on a variance must be published in the newspaper in accordance with Section 5-17-5(A).
2. Delivered Notice. Notice of the Planning and Zoning Commission’s required public hearing on a variance must be delivered in accordance with Section 5-17-5(B).
3. Posted Notice. Notice of the Planning and Zoning Commission’s required public hearing on a variance must be posted on the subject property in accordance with Section 5-17-5(C).
(F) Standards and Review Criteria. No variance may be recommended or approved unless:
1. That the plight of the owner is due to unique circumstances;
2. That the variance, if granted, will not alter the essential character of the locality.
3. That the conditions upon which the variance application is based would not be applicable generally to other property within the same zoning classification;
(G) Public Hearing
The Planning and Zoning Commission must hold a public hearing on the proposed variance within 60 days of receipt of a complete application. Within 60 days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote of a quorum to recommend that the variance be approved, approve the variance with conditions, approve the variance with modifications, or deny the variance and transmit its findings and recommendations to the Village Board.
(H) Final Action
1. Within 60 days of the Planning and Zoning Commission’s recommendation, the Village Board must act to approve the variance, approve the variance with conditions, approve the variance with modifications or deny the variance. The Village Board may also may remand the proposed variance back to the Planning and Zoning Commission for further consideration.
(a) If the Planning and Zoning Commission recommended denial of the variance, passage of the variance requires a favorable vote of two-thirds of the Village Board trustees holding office.
(b) If the variance application is remanded, the Village Board must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the variance application to the Village Board within 60 days of the date that the matter is remanded to the Planning and Zoning Commission. Within 60 days of receipt of the Planning and Zoning Commission’s recommendation, the Village Board must take final action on the variance application.
(I) Conditions of Approval
In granting a variance, the Village Board is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this Zoning Ordinance.
(J) Transferability
Approved variances run with the land and are not affected by changes of tenancy, ownership, or management unless otherwise stated in the ordinance approving the variance.
(K) Amendments
A request for changes in the specific nature of the approved variance or changes to any conditions attached to an approved variance must be processed as a new variance application, including the requirements for fees and notices.
(L) Successive Applications
If a variance application is denied, no substantially similar application may be accepted absent a change in circumstances for the same property for 12 months from the date of denial by the Planning and Zoning Commission.
(M) Lapse of Approval
An approved variance will lapse and have no further effect one year after it is approved by the Zoning Administrator, unless:
1. A building permit has been issued (if required); or
2. The use or structure has been lawfully established.
3. The Village Board is authorized to extend the expiration period for good cause on up to two separate occasions, by up to six months each. Requests for extensions must be submitted to the Zoning Administrator and forwarded to the Village Board for a final decision.
4. A variance lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the variance.
5. If any variance is abandoned or is discontinued for a continuous period of one year or more, the variance is void, and the use or structure may not be reestablished unless and until a new variance is obtained in accordance with the procedures of this Chapter.
Variance Decision Process
(Ord. 2021-4931, 11-15-2021)