(A) When a property owner shows that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him or her practical difficulties or particular hardship, then the Board may make such variations of the strict application of the terms of this chapter as are in harmony with its general purpose and intent when the Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation in the following instances:
(1) To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of passage of this chapter;
(2) To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the district map, where the street layout on the ground varies from the street layout as shown on the district map;
(3) To permit reconstruction of a non-conforming building otherwise prohibited by § 155.43 of this chapter where such action would not constitute continuation of a monopoly;
(4) To permit a variation in the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this chapter would prevent a reasonable or sensible arrangement of buildings on the lot; and
(5) To waive or reduce the off-street parking requirements where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this chapter.
(B) A request for variation shall be made in writing and shall be filed with the Chairperson of the Board. Each request shall specify the exact nature of the variation requested and shall be accompanied by a receipt from the Village Treasurer showing the payment of a fee of $35, which is hereby established as the required fee for each request for variation filed under the provisions of this section. The Board shall select a reasonable time and place for the hearing on the request for variation and shall render a decision without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
(Ord. 68, passed - -; Ord. 152, passed - -)