Loading...
A. The Village Clerk shall direct all requests for variations from requirements herein set forth to the Zoning Board of Appeals of the Village for its report and recommendation to the President and Board of Trustees following a public hearing with regard to any such request.
B. The Zoning Board of Appeals, after a public hearing, may recommend that a given request be denied or that the President and Board of Trustees vary the regulations of this Chapter in harmony with the general purpose and intent of this Chapter, so that such requests as may be granted will not be contrary to the public interest. Furthermore, such variances may be authorized only in those specific instances involving size, shape, topography, and location upon the subject property upon which the sign is proposed to be placed, and/or the surroundings of the subject property; and then only after the said Zoning Board of Appeals has made findings of facts based upon the standards set forth in this Article, which findings indicate that, owing to specific conditions, a literal enforcement of the provisions of this Chapter will, in such an individual case, produce practical difficulties or a particular hardship for the petitioner.
(Ord. 529, passed 12-21-2004)
A. A petitioner seeking a variation from the provisions of this Chapter shall file an application for a variation with the Village Clerk on forms provided by the Village Clerk for variations from the Zoning Ordinance.
B. At the time of filing, the application for a variation shall be accompanied by:
1. Proof of ownership, proof of authority on behalf of the owner including a current contract, if any, to purchase or lease the subject property;
2. The customary and usual fees charged for variations as set forth in the Zoning Ordinance and such additional charges as may be necessary to cover the cost of advertising and court reporter fees.
C. Upon receipt of a complete application and accompanying documents and fees, the Village Clerk will process same, cause the advertisement for public hearing to be published and do all that is required of the Village Clerk in the manner and in the case of an application for a variation from the provisions of the Zoning Ordinance.
(Ord. 529, passed 12-21-2004)
The Zoning Board of Appeals shall not vary the regulations of this Chapter unless it shall make findings of fact based upon evidence presented at the hearing in any given case that:
A. The subject property cannot yield a reasonable return if a sign may be permitted to be used only under the conditions allowed by the regulations for the zoning district in which it is located;
B. The plight of the petitioner is due to unique circumstances, and the proposed request will not merely serve as a convenience to the petitioner but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this Chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other property within the same zoning district;
C. The alleged hardship has not been created by any person presently having a proprietary interest in the subject property;
D. The proposed request will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood;
E. The proposed request will not alter the essential character of the neighborhood; and
F. If granted, the proposed variation sought by the request is in harmony with the spirit and intent of this Chapter.
(Ord. 529, passed 12-21-2004)
Loading...