A. Findings: The Plan Commission may vary the regulations imposed by this title in harmony with their general purpose and intent, but only in the specific instances hereinafter set forth. In order to vary the zoning regulations, the Plan Commission shall make a finding of fact based upon the standards hereinafter prescribed, that there are practical difficulties or particular hardships involved in the application of the strict letter of the regulations of this title.
B. Application: Application for a variation shall be filed in the same manner as an application for a special use permit as provided in this Code.
C. Hearings: Public hearings shall be held pursuant to this Code.
D. Standards: Standards for variations are as follows:
1. The Plan Commission shall not vary the regulations of this title, unless it shall make findings based upon the evidence presented to it in each specific case that:
a. The plight of the owner is due to unique circumstances;
b. The variation, if granted, will not alter the essential character of the locality.
2. In determining whether the strict application of this title creates practical difficulties for, or imposes a particular hardship on, an applicant for a variation, the Plan Commission shall consider the extent to which the following facts have been established by the evidence:
a. The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;
b. The conditions upon which the petition for a variation are based are unique and would not be applicable, generally, to other property within the same zoning classification;
c. The purpose of the variation is not based exclusively upon a desire to obtain a higher financial return on the property;
d. The alleged difficulty or hardship has not been created by any person presently having an interest in the property;
e. The granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and
f. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
3. The Plan Commission may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this title.
E. Variations: Variations from regulations of this title may be granted only in the following instances, and in no others:
1. To permit any setback or yard less than the setback or yard required by this title;
2. To permit any building or structure to exceed the height limitations imposed by this title but not more than twenty five percent (25%) of the allowable height;
3. To permit the use of a lot for a use otherwise prohibited solely because of insufficient area of the lot, but in no event shall the area of the lot be less than eighty percent (80%) of the required lot area;
4. To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week;
5. To reduce the applicable off-street parking by not more than one (1) parking space or twenty percent (20%) of the number of spaces required, whichever number is greater; and
6. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces may be located from the use served. To exceed any of the authorized variations allowed under this section, when a lot of record of a zoning lot, vacant or legally used on the effective date hereof is by reason of the exercise of the right of eminent domain by an authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or zoning lot or structure is located.
7. To permit a commercial radio and television transmitting antenna tower and other electronic equipment requiring outdoor towers and including microwave relay towers and antenna towers for the dispatching of private messages to exceed the height limitations imposed by this title.
F. Final Action: Final action shall be taken by the Plan Commission on the application as provided by this Code.
G. Time Period Of Variation Granted: No order of the Village Board granting a variation shall be valid for a period longer than six (6) months from the date of such order, unless the erection or alteration of a building or structure is started, or the use is commenced within such period. (1979 Code § 5-15-4)