(A) Special exemptions. To the extent consistent with the applicable provisions of the Act, the President of the Village Board of Trustees may grant variance of or exemption to the limitations prescribed in this chapter, provided that the applicant has demonstrated that failure to receive a variance or exemption would work an arbitrary and unreasonable hardship upon the applicant. The burden of showing the arbitrary and unreasonable hardship shall be on the applicant who shall, before a variance or exemption is granted, show the arbitrary and unreasonable hardship to the Village by clear and convincing proof.
(B) Limitations. In granting a variance or exemption, the President of the Village Board of Trustees may impose any conditions, exceptions, time limitations, duration and other limitations that the policies of this chapter may require.
(C) Petition. Any user seeking a variance or exemption from any requirement of this chapter shall do so by filing a petition for the variance with the Village Administrator. Within 21 days of the filing of a full and complete petition the President of the Village Board of Trustees shall make a ruling to grant or to deny the requested variance or exemption.
(D) Documentation required. 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 cannot be achieved; and
(3) A concise factual statement of the reason the petitioner believes that compliance with the particular provisions of this chapter would impose an arbitrary or unreasonable hardship.
(4) The extent and type of relief being requested.
(Ord. 18-07-01, passed 7-24-2018)