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(A) The Planning and Zoning Board shall not recommend a variation of the regulations of this chapter as authorized in this subchapter unless it has made findings of fact based upon the evidence presented to it in each specific case that:
(1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located;
(2) The plight of the owner is due to unique circumstances;
(3) The variation, if granted, will not alter the essential character of the locality; and
(4) For the purpose of implementing the above rules, the Planning and Zoning Board shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:
(a) The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;
(b) The conditions upon which the petition for variation is based would not be applicable, generally to other property within the same zoning classification;
(c) The purpose of the variation is not based exclusively upon a desire to make more money out of the property;
(d) The alleged difficulty or hardship has not been created by the owner of the property, or by a previous owner;
(e) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and
(f) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(B) The Planning and Zoning Board may recommend and the Village Board may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious of such variation upon other property in the neighborhood, and better to carry out the general intent of this chapter.
(Ord. 1999-2, Zoning § 24, subs. .040, passed 2-15-1999)