The Village Council shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest. In authorizing a variance, the Village Council may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this chapter. On appeal where there is unnecessary hardship, the Village Council may grant a variance in the application of the provisions of the zoning chapter. If a variance is requested from size or area requirements, the following factors shall be examined:
(A) Whether the property will yield a reasonable return or whether there can be a beneficial use of the property without the variance;
(1) Whether the variance is substantial;
(2) Whether the essential character of the neighborhood would be substantially altered or adjoining properties suffer a "substantial detriment";
(3) Whether the variance would adversely affect the delivery of governmental services;
(4) Whether the property owner purchased the property with knowledge of the zoning restriction;
(5) Whether the problem can be solved by some manner other than the granting of a variance;
(6) Whether the variance preserves the "spirit and intent" of the zoning requirement and whether "substantial justice" would be done by granting the variance.
(7) The Village Clerk shall provide applicants with the necessary forms and procedures for bringing a variance request before the Village Council.
(B) Notification shall be given to owners of all properties lying (a) within 100 feet of; (b) contiguous to; (c) directly across the street or alley from the parcels seeking the variance at least 20 days before the public hearing on the variance request. Council may, at its discretion, waive the 20-day notification requirement and hold the public hearing on a variance request before the required 20-day notification period has passed if signed waivers of the 20-day notification requirement have been received at the Village offices from all residential properties lying (a) within 100 feet of; (b) contiguous to; (c) directly across the street or alley from the parcels seeking the variance.
(Ord. 0-1847-01, passed 12-17-01; Am. Ord. O-2272-10, passed 11-15-10)