(A) Purpose. The Board, after public hearing, may determine and vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Appeals makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or hardships in the way of carrying out the strict letter of the regulations of this chapter.
(B) Application for variation and notice of hearing. An application for a variation shall be filed in writing with the Buildings and Grounds Committee. The application shall contain such information as the board may from time to time, by rule, require.
(1) Variations other than those authorized by division (D)(1) to (7) of this section on which the Board may act, shall be submitted to the Board and acted on in the following manner:
(2) The Zoning Board of Appeals shall publish notice of a public hearing on such application for variation, stating the time and place and the purpose of the hearing. Such publication shall be at least 15 days in advance of such hearing, but not more than 30 days prior to such hearing, and shall be published in a newspaper of general circulation in the city. In addition, notice of the public hearing shall be mailed to the petitioner and the owners of all property deemed by the Zoning Board of Appeals to be affected thereby. The cost of publication and the cost of notifying the affected property owners shall be borne by the petitioner.
(3) (a) The Board shall, within 30 days after the public hearing, or hearing, make its recommendations to the City Council in writing. The City Council shall pass upon such petition for variance no later than the third regular meeting of the City Council following receipt of the Board’s written recommendations. If the City Council refers the matter back to the Board for further consideration, the time lines provided herein for the Board’s written recommendations and the City Council’s deadline for making a final decision begin anew.
(b) In the event that the City Council fails to act on the petition within the time limits as provided above, such Petition shall be deemed to have been granted.
(c) Any proposed variance which fails to receive the approval of the Zoning Board of Appeals shall not be passed by the corporate authorities except by the favorable vote of two-thirds of all aldermen then holding office.
(C) Standards for variations. The Board shall not vary the regulations of this chapter, nor recommend to the City Council variation of this chapter, unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulation were carried out.
(2) The conditions upon which the petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally to other property within the same zoning classification.
(3) The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
(4) The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.
(5) The granting of the variation will not be detrimental to public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(6) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The Board may impose such conditions and restrictions from upon the premises benefited by variation as may be necessary to comply with the standards established in this division (6) to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this chapter.
(D) Authorized variations. Variations from the regulations of this chapter shall be granted by the Board only in accordance with the standards established in division (C) above, and may be granted only in the following instances and in no others:
(1) To permit any yard or setback less than the yard or setback required by the applicable regulations, but not more than 50%.
(2) To permit the use of a residential lot or lots for a use otherwise prohibited solely because of the insufficient area or length or width of the residential lot or lots subject to § 152.075. For real estate not classified as residential, the owner(s) may apply for a variation to permit the use of said lot or lots for a use otherwise prohibited solely because of the insufficient area or length or width of said lot or lots, but in no event shall the respective area or length or width of the lot be less than 90% of the required area, length or width.
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.
(4) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater.
(5) To increase by not more than 25% percent the maximum distance required that parking spaces are permitted to be located from the use served.
(6) To increase by not more than 20% the gross area of any sign.
(7) To increase by not more than 10% percent the maximum gross floor area of any use so limited by the applicable regulations.
(8) To permit the division of an existing improved zoning lot into two or more improved zoning lots even though one or more of the resulting lots does not conform with all of the applicable bulk regulations of the zoning district in which the property is located.
(9) To exceed any of the authorized variations allowed under this section, when the lot of record on a zoning lot, vacant or legally used on August 4, 1986, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance and under threat of an eminent domain proceeding reduced in size so that the remainder of the lot of record or zoning lot or structure on the lot does not conform with one or more of the regulations of the district in which the lot of record or zoning lot or structure is located. The concurring vote of four members of the Board shall be necessary to grant a variation. No order of the Board granting a variation shall be valid for a period longer than one year from the date of such order, unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
(10) In addition to and not in lieu of the existing “authorized variations”, the city may also grant a variance for the erection of a fence of more than 48 inches in height but not more than 72 inches in height between the property line and 24 inches from the property line (see § 152.018(F)(1)(e)). If the city grants such variance, then prior to receiving a building permit for such fence placement, the owner(s) shall submit evidence of boundary monumentation prepared by an Illinois Registered Land Surveyor, and further provided that the fence does not extend beyond the front of the residence as it faces the street. The application for a zoning variation shall be subject to the required conditions and procedures as provided in the City of Polo Code of Ordinances.
(11) To permit the height of a private garage to exceed 14 feet.
(Ord. passed 8-4-86; Am. Ord. 00-02, passed 2-7-00; Am. Ord. 03-07, passed 7-7-03; Am. Ord. 09-22, passed 9-8-09; Am. Ord. 15-13, passed 9-21-15; Am. Ord. 20-17, passed 12-7-20; Am. Ord. 21-14, passed 6-7-21; Am. Ord. 22-01, passed 1-17-22)