A. Hardships: Where the Plan Commission finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may consider variations or exceptions to the regulations so that substantial justice may be done and the public interest secured; provided, that such variation or exception shall not have the effect of nullifying the intent and purpose of this Title. In those situations involving zoning variations, the Plan Commission shall forward such considerations to the Zoning Board of Appeals for review and recommendation after a public hearing thereon. In those situations involving exceptions to the regulations of this Title, the Plan Commission may recommend an exception of the application of the regulations of this Title where there are particular difficulties or particular hardships in the way of carrying out the strict letter of these regulations, and may recommend to the Board of Trustees that said Board of Trustees approve said plat of subdivision in spite of failure to strictly comply with the strict letter of these regulations, stating the reasons for said recommendation. Such recommendations or exceptions shall be communicated in writing to the Board of Trustees giving full particulars for the allowance of the exception. Approval of the exception must be received from the Board of Trustees before the Plan Commission may give approval of the preliminary plat.
B. Petition By The Subdivider: A petition for any such variation or exception shall be submitted in writing to the Village Clerk by the subdivider at the time the preliminary plat 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. After initial review by the Plan Commission, it shall, when appropriate, be forwarded to the Zoning Board of Appeals for review and recommendation.
C. The Zoning Board Of Appeals: The Zoning Board of Appeals shall not recommend zoning variations to the regulations of this Title unless it shall make findings based upon the evidence presented to it in each specific case that:
1. Public Welfare Protected: The granting of the variation 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.
2. Unique Conditions: The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property.
3. Particular Physical Conditions: 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 regulations was carried out.
D. Conditions: In recommending variations, the Zoning Board of Appeals may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this Title.
E. Recommendations: Such variations as may be recommended by the Zoning Board of Appeals shall be forwarded to the Board of Trustees in writing through the Plan Commission. The Board of Trustees may approve only such variations or exceptions which, in its opinion, do not adversely affect the adopted Comprehensive Plan or the intent and purpose of this Title. (Ord. 272, 3-20-78)