A. Within the limits of its jurisdiction as set forth in VII herein, the Zoning, Planning and Appeals Commission shall grant or shall recommend the granting of variations from the regulations of this Chapter only in accordance with the standards set forth in Section 15.805, and then only in the following instances and in no others:
1. To vary the applicable lot area, lot width and lot depth requirements of this Chapter;
2. To vary the applicable bulk regulations, including ceiling level height, maximum height, maximum lot coverage, and minimum yard requirements;
3. To vary the applicable off-street parking and off-street loading requirements contained in this Chapter;
4. To vary the regulations relating to restoration of damaged or destroyed non-conforming structures or uses contained in this Chapter;
5. To permit the expansion or structural alteration of non-conforming structure or use;
6. To permit the continuance of a non-conforming use beyond the useful life fixed for such use by this Chapter; and
7. To permit the validity for a period longer than one (1) year of any order of the Zoning, Planning and Appeals Commission or ordinance granting a variation pursuant to the other requirements of this Article.
B. No order of the Zoning, Planning and Appeals Commission granting a variation and no ordinance of the Board of Trustees of the Village of Mettawa granting the variations shall be valid for a period longer than one (1) year from the date of such order or ordinance unless a building permit is obtained pursuant to such order or ordinance within such one (1) year period and the erection and alteration of a building or part thereof is started or the use is commenced within such one (1) year period.
1. Neither the Zoning, Planning and Appeals Commission nor the Board of Trustees of the Village of Mettawa shall grant any extension of the aforesaid one (1) year period unless an application for such extension has been filed, public notice has been given, and a public hearing has been held, all in accord with and in the manner required by the regulations contained in this Article.
2. As a condition of granting an application for variation, the Zoning, Planning and Appeals Commission or the Board of Trustees of the Village of Mettawa, as the case may be, may provide that the period of validity of such variation shall be less than one (1) year.
C. No zoning variation shall be granted within six (6) months after the date upon which an official Comprehensive Plan for the Village of Mettawa is adopted by the Village Board, unless such variation is approved by a two-thirds (2/3) vote of the Village Board or the Zoning, Planning and Appeals Commission, as the case may be.
(Ord. 397, passed 5-12-99; Am. Ord. 485, passed 6-29-2002; Am. Ord. 688, passed 9-26-2011)