(A) Variance allowed. To the extent consistent with the applicable provisions of the Federal Act and the Illinois Environmental Protection Act (Ch. III ½, Ill. Rev. Stat. 1983, §§ 1001 et seq.), the Village Board of Trustees may grant variances beyond the limitations prescribed in this chapter, provided that the petitioner has demonstrated that failure to receive a variance would work an arbitrary or unreasonable hardship on the petitioner. The burden of showing the arbitrary and unreasonable hardship shall be on petitioner who shall, before the variance is granted, show the arbitrary and unreasonable hardship to the Village Board of Trustees by clear and convincing proof. In no case shall the Village Board of Trustees grant any variance whose terms might or could cause an interference of the treatment process.
(B) Limitations. In granting a variance, the Village Board of Trustees may impose any conditions, exceptions, time limitations, duration and other limitations that the policies of this chapter, the Illinois Environmental Protection Act and the Federal Act may require.
(C) Petition. Any user seeking a variance from any requirement of this chapter shall do so by filing a petition for variance with the Village Administrator. Within 21 days of receipt of the petition, notice of the petition shall be published in the largest local newspaper once a week for three weeks. If any person files a written objection to the granting of the variance within 15 days from the date of publication of the petition in the newspaper, then a hearing shall be held before the Village Board of Trustees and the burden of proof shall be on the petitioner.
(D) Documentation required. The village shall specify information required to be submitted by the petitioner. To enable the village to rule on the petition for variance, the following information, where applicable, shall be included in the petition:
(1) Clear and complete statement of the precise extent of the relief sought, including specific identification of the particular provisions of this chapter from which the variance is sought;
(2) A factual statement why compliance with this chapter was not or cannot be achieved by the required compliance date or why compliance with this chapter is not possible;
(3) Past efforts to achieve compliance, if any, including costs incurred, results achieved and permit status;
(4) A concise factual statement of the reasons the petitioner believes that compliance with the particular provisions of this chapter would impose an arbitrary or unreasonable hardship; and
(5) Any other things as are required by the village.
(E) Consideration of petition. The Village Administrator shall investigate the petition, consider the views of persons who might be adversely affected by the granting of a variance and make a report to the Village Board of Trustees of the disposition of the petition. If the Village Board of Trustees in its discretion concludes that a hearing would be advisable, then a hearing shall be held. The decision of the Village Board of Trustees concerning the requested variance shall be final.
(F) Revocation. If the limits of a variance are exceeded or any terms of a variance are violated by the person granted a variance, a violation of this chapter is deemed to have occurred and the variance may be revoked on 30-days’ notice.
(Ord. 18-04-01, passed 4-24-2018)