A. Purpose. The purpose of the variation process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this Chapter that create practical difficulties or particular hardships.
B. Initiation. A variation may be initiated by any Village property owner or his/her authorized designee(s). A property owner or his/her designee may only propose a variation for property under his/her control.
C. Authority. The Village Board, after receiving a recommendation from the Zoning, Planning, and Appeals Commission, will take formal action on requests for variations.
D. Limitations. Variations to allow a use within a district that is not allowed as either a permitted or special use (use variations) are prohibited.
E. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103.
1. Action by the Zoning, Planning, and Appeals Commission.
a. After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed application at a public hearing. Notice for the public hearing must be in accordance with Section 15.1103.
b. The Zoning, Planning, and Appeals Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning, Planning, and Appeals Commission must recommend approval, approval with conditions, or denial of the application.
c. Within 45 days of the close of the public hearing, the Zoning, Planning, and Appeals Commission will prepare findings of fact and make its recommendation with respect to the proposed variation and forward their findings and recommendation to the Village Board, as well as the Village Clerk and Zoning Administrator.
d. If, at the expiration of such 45 days, the Zoning, Planning, and Appeals Commission has not made findings and a recommendation, it is concluded that the Zoning, Planning, and Appeals Commission has made negative findings and has recommended denial of the variation.
2. Action by the Village Board. Following receipt of the Zoning, Planning, and Appeals Commission recommendation, the Village Board must take action in the form of approval, approval with conditions, or denial on variation applications. If an application for a proposed variation is not acted upon finally by the Village Board within 180 days of the date upon which the findings and recommendations of the Zoning, Planning, and Appeals Commission are filed with the Board, it is deemed denied.
F. Approval Standards. The Zoning, Planning, and Appeals Commission recommendation and the Village Board decision must make findings to support each of the following:
1. The strict application of the terms of this Chapter will result in hardship unless the specific relief requested is granted.
2. The particular physical surroundings, shape, or topographical conditions of the specific property impose a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
3. The plight of the owner is due to unique circumstances that do not apply to a majority of adjoining or nearby property and is not a self-created hardship.
4. The relief requested is the minimum necessary to eliminate the hardship.
5. The variation, if granted, will not alter the essential character of the locality.
G. Conditions. The Village Board may impose conditions and restrictions upon the variation as deemed necessary for the protection of the public health, safety, and welfare which must be contained within the ordinance granting the variation. The Village Board may grant a variation that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the variation application.
H. Expiration. An approved variation will expire one year from the date of approval unless a building permit is obtained or construction has begun prior to the end of the one-year period. The Village Board may grant an extension for a period of validity longer than one year as part of the original approval or it may shorten such period of validity as part of the original approval. An applicant may apply in writing for an extension of time at any time prior to the date of expiration, which will be processed as a new variation application including all required notice and fees.
I. Restriction on Application. No variation will be granted within six 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 vote of the Village Board or the Zoning, Planning and Appeals Commission, as the case may be.
(Ord. 885, passed 11-21-2023)