A. Authorization: The board may recommend or, where applicable pursuant to the provisions of subsection K of this section, grant such variations from the terms of this title, in harmony with their purpose and intent as will not be contrary to the public interest. Variations may be recommended or, where applicable, granted only when the board has made findings of fact, based upon the standards set out in this chapter, that owing to special conditions literal enforcement of the provisions of this title will, in an individual case, result in practical difficulties or particular hardship for the owner, lessee or occupant of land or structure. (Ord. 0-96-91)
B. Application For Variation: The application shall contain the following information as well as such additional information as may be prescribed by rule of the board:
1. The particular requirements of this title which prevent the proposed use or construction;
2. The characteristics of the subject property which prevent compliance with said requirements of this title;
3. The reduction of the minimum requirements of this title which would be necessary to permit the proposed use or construction; and
4. The practical difficulty or particular hardship which would result if said particular requirements of this title were applied to the subject property.
C. Initiation Of Variations: Variations may be proposed in writing by the owner of the subject property or his agent.
D. Notice Of Hearing: Public notice of such hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before such hearing, in a newspaper published or circulated within the city of Prospect Heights. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved, and a brief description of the relief sought. The board may give such additional notice as it may, from time to time, by rule provide. Any part in interest may appear and be heard at the hearing in person, by agent, or by attorney. (Ord. 0-77-27, 7-18-1977)
E. Notice To Property Owners: The petitioner for a variation shall notify all property owners within three hundred fifty feet (350'), excluding public land and rights of way, but in no event more than four hundred fifty feet (450'), in each direction of the petitioner's property lines, by certified mail or hand delivery to said property owners, of the date, hour and location of the public hearing and the variation requested. For notice to the owners of condominiums, cooperatives, or other types of common interest communities (except common interest communities made up exclusively of detached single-family homes) service upon the president or registered agent of the condominium association, cooperative, or common interest community as reflected in the records of the Illinois secretary of state, with delivery via first class U.S. mail to individual unit owners, shall be sufficient notice under this paragraph.
Such notice shall be in the same form as the published public notice and shall be mailed or delivered not less than fifteen (15) and not more than thirty (30) days prior to the date of the public hearing. The owners to be notified are such persons or entities which appear in the authentic tax records of Cook County. Proof of notification shall be submitted by the petitioner to the plan/zoning board of appeals no later than the day of the public hearing. (Ord. 0-16-12, 4-11-2016)
F. Standards For Variations: The plan/zoning board of appeals shall not recommend variation of the regulations of this title unless it shall make findings of fact based upon the evidence as presented that: (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
2. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.
3. The alleged hardship has not been directly created by any person presently, or a predecessor in interest, having a proprietary interest in the premises.
4. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.
5. The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety.
6. The proposed variation will not alter the essential character of the locality.
7. The proposed variation is in harmony with the spirit and intent of this title.
8. Granting the variation requested will not confer the applicant any special privilege that is denied by this title to owners of other lands, structures, or buildings in the same district.
9. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variation. (Ord. 0-77-27, 7-18-1977)
10. The plan/zoning board of appeals shall further make a finding that the reasons set forth in the application justify the granting of the variation, and that the variation is the minimum variation that will make possible the reasonable use of the land, building, or structure. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
The board may impose such conditions and restrictions upon the location, construction, design and use of property benefited by a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values.
Violation of such conditions and restrictions, when made part of the terms under which a variation is granted, shall be deemed a violation of this title and punishable under chapter 12, "Violations; Penalties", of this title. (Ord. 0-77-27, 7-18-1977)
G. Report Of Hearing: The plan/zoning board of appeals shall report on all requests for variations within fifteen (15) days of the last public hearing thereon. The concurring vote of four (4) members of the board shall be necessary to recommend a variation. A variation shall be recommended or denied by means of a conclusion or statement of relief recommended, supported by findings of fact, which statement and findings shall be transmitted to the city council within fifteen (15) days from the date of the last public hearing thereon. (Ord. 0-89-05, 2-21-1989; amd. Ord. 0-03-35, 9-15-2003)
1. The findings of fact shall specify the reason or reasons for recommending or denying the variation, and shall refer to any exhibits containing plans and specifications for the proposed variation which have been made part of the application or which were introduced at the public hearing as evidence.
2. The terms of relief recommended shall be specifically set forth in conclusion or statement separate from the findings of fact. (Ord. 8-89-05, 2-21-1989)
H. Action By The City Council: After receiving the recommendations and report of the plan/zoning board of appeals, the city council shall within sixty (60) days, review the recommendations and report, and may pass the proposed variation in a residentially zoned district and within one hundred eighty (180) days in all other zoning districts with or without change, may reject it, or may recommit it to the plan/zoning board of appeals for further consideration. A variation shall not be passed contrary to the recommendation of the plan/zoning board of appeals except upon a favorable vote of two-thirds (2/3) of the aldermen. (Ord. 0-04-27, 6-7-2004, eff. 6-17-2004)
I. Period Of Validity: No decision granting a variation shall be valid for a period longer than twelve (12) months from the date of such decision unless:
1. An application for a zoning certificate is obtained within such period and construction, moving, remodeling, or reconstruction is started;
2. An occupancy certificate is obtained and a use is commenced.
The board may recommend additional extensions of time not exceeding one hundred eighty (180) days each, upon written application made within the initial twelve (12) month period, without further notice or hearing; but said right to so extend said time shall not include the right to grant additional relief by expanding the scope of the variation.
J. General Intent With Respect To All Uses: With respect to uses of land, buildings, and other structures, this title is declared to be a definition of the public interest by city council, and the spirit of this title will not be observed by a variation which permits a use not generally or by special exception permitted in the district involved, or any use expressly or by implication prohibited, by the terms of this title in said district. This same restriction applies equally to the mayor and city council. (Ord. 0-77-27, 7-18-1977)
K. Action Of The Plan/Zoning Board Of Appeals In Certain Cases: The plan/zoning board of appeals may hear and decide petitions requesting variations from the front yard, side yard, or rear yard setback requirements contained in this title; provided, however, that the board's authority to decide such cases shall be limited to those applications requesting a variation of three feet (3') or less. The board may also hear and decide on petitions requesting the expansion of a legal nonconforming use. (Ord. 0-96-91; amd. Ord. 0-03-35, 9-15-2003)
The concurring vote of four (4) members of the board shall be necessary to effect any variation in the zoning ordinance. A variation shall be granted or denied by means of a written decision, supported by findings of fact, which decision and findings shall conform to the requirements of subsection G of this section. All of the requirements of this section pertaining to the granting of variations by the city council shall also be applicable to variations granted by the board, including, without limitation, the provisions pertaining to the authorization of variations; the application for variations; the initiation of variations; the notice of hearing to be published in the newspaper; the notice of hearing to be sent to property owners; the standards for variations; the period of validity of variations; and the general intent with respect to all uses. (Ord. 0-96-91)