(A) Authorized variances. The Board of Trustees may by ordinance determine and vary the application of any of the regulations of this chapter in harmony with the general purpose and intent of such regulations relating to the use, construction, or alteration of buildings or the use of land in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any such regulations. Variances, however, shall only be authorized in the following instances:
(1) To permit a temporary building for business or industry in any district for a use otherwise excluded from such district, provided the use is incidental to the development of that district, such permit to be for a period of not more than one year.
(2) To permit the alteration or enlargement of an existing building occupied by a nonconforming use, where such alteration or enlargement is necessary incident to such use.
(3) To permit in an M-1 Manufacturing District a building or use otherwise excluded from such district, provided such building or use is distinctly incidental and essential to a use permitted in such district, provided such incidental building or use occupies not more than 10% of the lot, that not more than 10% of the employees of the building or plant are to be engaged therein, and provided that such building or use is not located within 50 feet of any street.
(4) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record prior to the date of passage of this chapter.
(5) To permit a front yard, a side yard, or a rear yard less than required by this chapter, but such variance shall not exceed 33% of the depth of the front yard, or the depth of the rear yard, or the width of a side yard, as required by this chapter.
(6) To permit a building to exceed the height limit by not more than 10% of the height limit established by this chapter.
(7) To permit the use of a lot less in area by not more than 10% of the lot area required by this chapter.
(8) To permit the use of a lot less in width by not more than 15% of the lot width as required by this chapter.
(9) To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is incorporated in and made a part of this zoning code.
(B) Application. An application for a variance of the regulations of this chapter may be made by a property owner or his agent to the Zoning Administrator for referral to the Planning, Zoning and Development Commission. Such application shall be made in writing stating the variance requested, the location of the property for which the variance is requested, name of the property owner, and cause for the requested variance.
(C) Public hearing. The Planning, Zoning and Development Commission shall fix a reasonable time and place for the public hearing and shall give notice of the time and place of such hearing, published at least once, not more than 30 days and not less than 15 days before the hearing in one or more newspapers with a general circulation within the municipality. The notice shall contain a description of the particular location for which the variance is requested as well as a brief statement of what the proposed variance consists.
(D) Report of findings. The Commission shall report its findings and recommendations in writing to the Board of Trustees within 30 days from the conclusions of the public hearing. In considering all proposed variances to this chapter, the Commission shall, before recommending that the Board of Trustees grant any variance from the chapter in a specific case, first determine and make a finding of fact that the proposed variance will not merely serve as convenience to the applicant but is necessary to alleviate some demonstrable hardship and will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets; increase the danger of fire or endanger the public safety; unreasonably diminish or impair established property values within the surrounding area; or in any other respect impair the public health, safety, comfort, morals, and welfare of the inhabitants of the village. Said findings of fact shall be incorporated in the written report to the Board of Trustees.
(E) Board of Trustee Action.
(1) Upon receipt of the report and recommendations from the Commission to grant or deny the variance, the Board of Trustees by ordinance, without further public hearing, may adopt or reject the proposed variance or may refer it back to the Commission for further consideration, and any proposed variance which fails to receive the approval of the Commission shall not be passed except by a favorable vote of two-thirds of all the members of the Board of Trustees.
(2) No variance in any case shall be made by the Board of Trustees without a hearing by the Commission as required herein, nor without a report thereof having been made by the Commission to the Board of Trustees.
(F) Miscellaneous.
(1) No order for a variance permitting the erection or alteration of a building shall be valid for a period longer than six months unless a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(2) No order for a variance permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(G) Staff approvals.
(1) Authorization. The Building Commissioner is authorized to, as stated in this division, approve zoning variances, without a public hearing being required.
(a) The only variation requests that may be processed by the Building Commissioner, are those which pertain to front, rear, or side yard setbacks.
(b) The Building Commissioner is limited in granting, a zoning variance, of six inches, or 5% of the required standard, whichever is greater.
(c) The Building Commissioner shall not be required to base his approval or disapproval, on previous recommendations or approvals of the Commission or the Village Board.
(3) Denials. When more than two variations in a one-year period are requested by the same individual or firm or when it is presumed that the process offered is being abused, or when the requests are based on a matter of convenience, such requests will be forwarded to the Commission for their review and recommendation.
(4) Reports. Upon completion of each application whether or not approved, a copy of the application, the review and the outcome will be forwarded to the petitioner, the Chairperson of the Commission, the Village Administrator, and the Village Board.
(5) Occupancy. No type of occupancy will be permitted until a revised plat of survey including the variation granted is received and approved by the Building Commissioner.
(6) Previous variations. Where previous variations have been granted by the Village Board, a further variation to the same yard, may not be granted by the Building Commissioner.
(7) Appeals. When approval has not been granted by the Building Commissioner, the applicant may apply to the Commission under a separate application, with a separate fee, for the matter to be reconsidered.
(Ord. 77-03, passed 1-19-77; Am. Ord. 91-27, passed 9-25-91; Am. Ord. 95-06, passed 4-10-95)