§ 152.211  VARIANCES.
   A variance is a relaxation of the requirements of this chapter that are applicable to a particular lot or structure.  A so-called, use variance (which would allow a use that is neither permitted nor special in the district in question) is not a variance, it is an amendment, and may be granted only as provided for at § 152.213.
   (A)   Application.  Every application for a variance shall be filed with the Administrator on a prescribed form.  Every variance application shall also be filed with the Soil and Water Agricultural District as per ILCS Ch. 70, Act 405, § 22.02a.  The Administrator shall promptly transmit said application, together with any device he might wish to offer, to the Board of Zoning Appeals.  The application shall contain sufficient information to allow the Board to make an informed decision, and shall include, at a minimum, the following:  (Note: Filling fee required.)
      (1)   Name and address of the applicant;
      (2)   Location of the structure/use for which the variance is sought;
      (3)   Brief description of adjacent lots, structures, and/or uses;
      (4)   Brief description of the problem(s)/circumstances engendering the variance request;
      (5)   Brief, but specific, statement/explanation of the desired variance;
      (6)   Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and
      (7)   Any other pertinent information that the Administrator may require.
   (B)   Public hearing; notice.  The Board of Zoning Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them.  At the hearing any interested party may appear and testify either in person or by duly authorized agent or attorney.  Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than 30 nor less than 15 days before the hearing:
      (1)   By first class mail to the applicant and to all parties whose property is within 250 feet of the property affected by the proposed variance; and
      (2)   By publication in a newspaper of general circulation within the village.
   (C)   Advisory report; findings of fact.  Within a reasonable time after the public hearing, the Board of Zoning Appeals shall submit their advisory report to the Village Board.  The report shall state the Board of Appeals' recommendations regarding the proposed variance.  The Board of Appeals shall not recommend any variance unless, based upon the evidence presented to them, they determine that:
      (1)   The proposed variance is consistent with the general purposes of this chapter (see § 152.002);
      (2)   Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;
      (3)   The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;
      (4)   The plight of the applicant is due to peculiar circumstances not of his own making;
      (5)   The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and
      (6)   The variance, if granted, will not alter the essential character of the area where the premises in question are located nor materially frustrate implementation of this municipality's comprehensive plan.
   (D)   Action by Village Board.  The Village Board shall act on every proposed variance at their next regularly scheduled meeting following submission of the Board of Appeals advisory report.  Without further public hearing, the Village Board may approve or disapprove any proposed variance by simple majority vote of all the members then holding office.  Approved variances shall be supported in the form of a village ordinance.
(Ord. 491, passed 6-16-86; Am. Ord. 744, passed - -)