The Village President and Village Board of Trustees may authorize exceptions to any of the requirements and regulations set forth in this chapter in accordance with the following procedures.
(A) (1) Application for any exception shall be made by a verified petition of the applicant for a site development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. The petition shall be filed with the site development permit application.
(2) In order for the petition to be granted, it shall be necessary that the Village President and Village Board of Trustees find all of the following facts with respect to the land referred to in the petition:
(a) The land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record that it is impossible or impractical for the applicant to comply with all of the requirements of this chapter;
(b) The exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(c) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(B) Each application for an exception shall be referred to the Director of Community Development for review. The Director of Community Development shall transmit his or her recommendations to the Village President and Village Board of Trustees which shall review the recommendations prior to granting or denying the exception.
(C) The Village President and Village Board of Trustees shall hold a public hearing on each application for exception within 30 days after receiving application, in the manner provided with respect to appeals. After public hearing, the Village President and the Village Board of Trustees may approve the site development permit application with the exceptions and conditions it deems necessary, or it may disapprove the site development permit application and exception application, or it may take such other action as appropriate.
(2000 Code, § 154.50) (Ord. 1141, passed 5-17-1982)