A. The Zoning, Planning and Appeals Commission or the Village Board, as the case may be, 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:
1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located;
2. The plight of the owner is due to unique circumstances and the proposed variation 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 property within the same zoning district;
3. The alleged hardship has not been created by any person presently having a proprietary interest in the subject property;
4. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood;
5. The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety;
6. The proposed variation will not alter the essential character of the neighborhood; and
7. The proposed variation is in harmony with the spirit and intent of this Chapter.
B. The Zoning, Planning and Appeals Commission or the Village Board of the Village of Mettawa may impose such conditions and restrictions upon the subject property, the location, the construction, design, and use of the property benefited by such a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property values.
C. The terms of the relief granted by variation shall be specifically set forth in a conclusion or statement which is supported from the findings of fact of the Zoning, Planning and Appeals Commission. The subject property for which relief has been granted shall not be used in violation of the specific terms and the findings of fact or ordinance, as the case may be, unless such usage is allowed by further findings of fact or additional ordinances, pursuant to additional hearings on appeals therefor.
(Ord. 397, passed 5-12-99; Am. Ord. 688, passed 5-17-2011)