1137.10 VARIANCES.
   In granting a variance, the Board may impose such conditions as it may deem necessary to protect the public health, safety or welfare and to further the purpose and intent of this Zoning Code. Such conditions shall be made a part of and be attached to the required Zoning Certificate. In every instance of granting a variance by the Board, there must be a showing by the Board that it has weighed the interests of the owner against those of the neighboring property owners and the community as a whole.
   (a)   Area Variances. Where there are practical difficulties in carrying out the strict letter of this Zoning Code regarding yard, height, parking, and sign code requirements, the Board of Zoning Appeals may grant an area or bulk variance that is in harmony with the general purpose and intent of the Zoning Code and that most of the following tests apply:
      (1)   The variance will not adversely affect the delivery of governmental services.
      (2)   The property owner did not purchase the property with knowledge of the zoning restriction, unless such modification of the yard or lot area or width regulations is necessary to secure the appropriate improvement of a parcel of land that is too small to be appropriately improved without such modification, provided the parcel was separately owned at the time of passage of this chapter, or is adjacent to buildings that do not conform to the general restrictions applicable to their location.
      (3)   There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood that cannot be solved by some manner other than the granting of a variance.
      (4)   The granting of the variance will not alter the essential character of the locality or substantially impair environmental quality, property values or public safety or welfare in the vicinity.
      (5)   A variance is necessary for the applicant to enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district.
      (6)   The grant of a variance is necessary, not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of beneficial use or enjoyment of, or reasonable economic return from, the property.
   (b)   Exceptions to Permitted Uses. An exception to a permitted use may be granted by the Board only after review of an application therefore. The Board may impose such requirements and conditions as it may deem necessary for the protection of adjacent properties and the public interests. The Board shall not, however, have the right to change the intent of this Zoning Code by permitting any use that cannot be reasonably interpreted as intended in the district in question.
      (1)   The Board of Zoning Appeals may grant exceptions to permitted uses where the strict application of this Zoning Code would result in unnecessary hardship, as defined herein, for the applicant inconsistent with the general purpose and the intent of this Zoning Code or the provisions of this Zoning Code, due to conditions precedent or subsequent, are not precise enough or are too general to cover all applications.
      (2)   The Board of Zoning Appeals may permit the temporary use of a structure or premises in any district for a purpose of use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A Zoning Certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
   (c)   Exceptions to Nonconforming Uses. The Board of Zoning Appeals may permit changes and extensions of existing, legal nonconforming uses as follows:
      (1)   A nonconforming use of a less objectionable nature may be substituted for an existing, legal nonconforming use;
      (2)   A nonconforming use may be substituted for an existing, legal nonconforming use existing at the time of enactment of this chapter if no structural alterations except those required by law or ordinance are made; provided, however, that in an “R” District, no change shall be authorized to any use which is not a permitted or conditional use in any “B” District;
      (3)   An existing, legal nonconforming use which occupies only a portion of an existing structure or premises may be extended throughout such structure or premises;
      (4)   An existing, legal nonconforming use may be extended when such extension will substantially make the nonconforming use more in character with its surroundings. Such extension shall not be greater than 50% of the size of the nonconforming use that existed at the time of passage of this Zoning Code;
      (5)   It may permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this chapter;
      (6)   An existing, legal nonconforming structure may be remodeled or repaired where the Board determines that such remodeling or repairing is in the best interest of the Village;
      (7)   An existing, legal nonconforming use or building may be altered or reconstructed, provided that such will make the nonconforming use substantially more in character with its surroundings;
      (8)   An existing, legal nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy may be reconstructed to the extent of more than 51% of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(Ord. 1130. Passed 2-1-88 ; Ord. 1584. Passed 9-17-07.)