(A) Administrative variations. The Village Administrator or his or her designee may grant variations from the requirements of § 154.070, other than division (D)(3), in specific cases where good cause for such variations is demonstrated, and such variations conform to the spirit and intent of this chapter. Such variations are subject to such conditions as will, in the judgment of the Village Administrator or his or her designee, secure substantially the objectives of the standards or requirements of this chapter. Such administrative variations, where granted, shall be in writing, and shall be reported to the Board of Trustees at its next regularly scheduled meeting, with a copy kept on file in the office of the Village Clerk.
(B) Other variations. The Plan Commission may recommend variations from the requirements of this chapter other than those subject to administrative variation in division (A) above, in specific cases of hardship, which in its opinion does not affect the general plan or the spirit of this chapter. Such recommendations shall be communicated to the Board of Trustees, who may approve variations from these requirements in specific cases, which in its opinion do not affect the general plan or the spirit of this chapter.
(1) Hardship. Where the Plan Commission finds that extraordinary hardship or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may recommend variances or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variance or exception shall not have the effect of nullifying the intent and purpose of this chapter, and further provided the Plan Commission shall not recommend variances or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) Public welfare protected. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(b) Unique conditions. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable, generally, to other property.
(c) Particular physical conditions. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owners would result, as distinguished from a mere inconvenience if the strict letter of the regulations were carried out.
(2) Conditions. In recommending variances and exceptions, the Plan Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this chapter.
(3) Procedure. A petition for any such variance shall be submitted, in writing, by the subdivider at the time the preliminary plan is filed for consideration by the Plan Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(4) Recommendation. Such variance and exceptions as may be recommended by the Plan Commission shall be forwarded to the Village Board of Trustees, in writing, substantiating the recommended variances or exceptions. The Village Board of Trustees may approve such variances or exceptions from the requirements of this chapter in specific cases as listed on the final plat, which in its opinion do not adversely affect the adopted comprehensive plan or intent and purpose of this chapter.
(‘70 Code, § 8.1.22) (Ord. 79-08, passed 11-26-79; Am. Ord. 20-03, passed 4-13-20)