(A) There are two types of variances which the village may grant:
(1) An area variance; and
(2) A use variance.
(B) The factors to be considered by the Board differ for the two types of variances.
(1) Area variance.
(a) 1. An area variance is a departure from the provisions of the Zoning Chapter usually relating to setbacks, side yards, height, frontage/lot width and lot size.
2. These variances relate to the physical characteristics of the property.
3. Strict enforcement of the zoning requirements for the specific lot would present "practical difficulties," basically making the property unusable.
(b) The factors or standards to be considered and weighed for an area variance include, but are not limited to the following:
1. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
2. Whether the variance is substantial;
3. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
4. Whether the variance would adversely affect the delivery of governmental services (for example, water, sewer, garbage);
5. Whether the property owner purchased the property with knowledge of the zoning restriction;
6. Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and
7. Whether the spirit and intent behind the zoning requirements would be observed and substantial justice done by granting the variance.
(2) Use variance.
(a) 1. A use variance involves the development or conversion of land for a use not permitted in the specific zoning district.
2. The factors or standards applied to a use variance are those related to the concept of "unnecessary hardship."
(b) 1. A use variance must not be contrary to the public interest and the Board must ensure that the spirit of the Zoning Chapter is observed.
2. In other words, the use requested is consistent and harmonious to the existing uses.
3. In addition, all of the following conditions must also be found to exist:
a. The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to other land or buildings in the vicinity and were not created by the applicant;
b. The granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve a convenience to the application; and
c. The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas, or in any way impair the health, safety, convenience or general welfare of the inhabitants of the village.
(C) Summary.
(1) In either type of variance request, the variance as granted shall be the minimum variance necessary to accomplish the reasonable use of the land or building.
(2) The granting of a variance runs with the land and is not approved for the present landowner only.
(Ord. passed - -)