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The variance process administered by the Zoning Board of Adjustment is intended to provide relief from the zoning requirements of this Ordinance in those cases where strict application of a particular zoning requirement will create an unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the zoning requirements of this Ordinance may impose on property owners in general. Rather, it is intended to provide relief where the zoning requirements of this Ordinance render the land difficult or impossible to use because of some unique physical attribute of the property itself, or some other factor unique to the property for which the variance is requested.
(A) Process for Variances:
In no event shall the Zoning Board of Adjustment grant a variance:
(A) That would allow the establishment of a use which is not otherwise allowed in a zoning district or which would change the zoning district classification of any or all of the affected property;
(B) From any written conditions attached by the Village Council to its approval of a special use, subdivision plat, site plan, and conditional district or from the stated terms of an approved master land use plan for a planned development.
(A) An application for a variance may be filed only by the owner of the land affected by the variance; an agent or contract purchaser specifically authorized by the owner to file such application; or any unit of government which is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation. Where an agent, or contact purchaser files the application, the agent, or contract purchaser shall provide the Village with written documentation the owner of the property has authorized the filing of the application;
(B) An application for a variance shall be filed with the Village Planner on a variance application form using the Village’s Online Permit Center along with the associated fee.
(C) The application shall contain, or be accompanied by, such information and general concept plans (Appendix C) (may be modified by Village Planner as appropriate) in electronic format as required on the application form;
(D) The Village Planner shall determine whether the application for a variance is complete. If the Planner determines that the application is not complete, then he or she shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied. Once the application is complete, the Village Planner shall schedule the application for consideration at a quasi-judicial public hearing before the Zoning Board of Adjustment;
(E) After determining that the application is complete, the Village Planner shall transmit to the Zoning Board of Adjustment, prior to the hearing on the application, the application pertaining to such variance.
(Ord. 21-12, passed 07-27-2021; Ord. 21-14, passed 10-26-2021)
(A) Upon receiving the application materials from the Village Planner, the Zoning Board of Adjustment shall hold a quasi-judicial public hearing on the proposed variance. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with Section 4.1 of this Ordinance;
(B) In considering the application, the Zoning Board of Adjustment shall review the application materials, the general purpose and standards set forth in this Section for the granting of variances, and all testimony and evidence received by the Zoning Board of Adjustment at the quasi-judicial public hearing;
(C) After conducting the public hearing, the Zoning Board of Adjustment may:
(1) Have the authority to subpoena witnesses and may request additional information;
(2) Continue the public hearing on the requested variance;
(3) Conduct an additional public hearing on the requested variance;
(4) Grant the requested variance;
(5) Deny the requested variance;
(6) Grant the requested variance with conditions. In granting any variance, the Zoning Board of Adjustment may attach appropriate conditions, provided that the conditions are reasonably related to the purpose and objectives of this ordinance. The board may also attach conditions in order to reduce or minimize any injurious effect of such variance upon other property in the neighborhood and to ensure compliance with other terms of this ordinance.
(D) Any approval or denial of the request shall be by resolution, accompanied by written findings of fact that the variance meets or does not meet each of the standards set forth in Section 5.1.5. below, stating the reasons for such findings. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective;
(Ord. 21-12, passed 07-27-2021)
When unnecessary hardships would result from carrying out the strict letter of this ordinance, the Board of Adjustment shall vary any of the provisions of this ordinance upon a showing of all of the following:
(A) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;
(B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability;
(C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship;
(D) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.
(Ord. 21-12, passed 07-27-2021)
(A) Any development for which a variance has been granted prior to the effective date of this Ordinance, or prior to the effective date of any amendment hereto which renders the development nonconforming, may be carried out in accordance with the granted variance and shall be deemed lawfully existing under the terms of this Ordinance, provided that:
(1) A building permit has been validly issued for the development prior to the effective date of this Ordinance, or the amendment thereto which renders the development non-conforming, and has not expired or been revoked;
(2) All features of the development that are not the specific subject of the variance shall conform to all applicable requirements of this Ordinance.
(B) If the requirements of (A) above have not been met, then the previously granted variance shall become null and void. Development of the property therefore must meet all applicable requirements of this Ordinance, except where the person has applied for and received a new variance pursuant to the procedures and standards set forth in Chapter 5 of this Ordinance.
(A) After the Zoning Board of Adjustment approves a variance, the applicant shall follow the procedures set forth in Chapter 4 and Chapter 9 for the approval of all permits, certificates, and other approvals required in order to proceed with development of the property. All orders, decisions, determinations, and interpretations made by administrative officers under those procedures shall be consistent with the variance granted to the applicant by the Zoning Board of Adjustment;
(B) The Zoning Board of Adjustment shall refuse to hear a variance request that has previously been denied, unless it finds that there have been substantial changes in the conditions or circumstances relating to the matter.
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