(A) The Board of Appeals shall not recommend any variance unless it finds that the proposed variance is consistent with the general purposes of this chapter, and that the strict application of the district requirements would result in great practical difficulties of hardship to the applicant.
(B) More specifically the Board of Appeals shall not decide upon a variance unless it determines, based upon the evidence presented to it, that:
(1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;
(2) The plight of the owner is due to peculiar circumstances;
(3) 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
(4) 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.
(1999 Code, § 40-10-21) (Ord. 5/9/2000-1, passed 5-9-2000)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-5