(A) The Zoning Board of Appeals, after a public hearing, may determine to recommend a variance to the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances herein set forth, where the Zoning Board of Appeals makes findings of fact in accordance with the standards herein prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
(B) An application for a variation shall be filed in writing with the Zoning Administrator, and copies thereof delivered to the Zoning Board of Appeals. The application shall be made on forms provided by the village and shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. All variations including those authorized by division (D) of this section on which the Zoning Board of Appeals may act, shall be submitted to the Zoning Board of Appeals and acted on in a public hearing conducted in accordance with § 159.179.
(C) Recommendations:
(1) Standards. The Zoning Board of Appeals shall not recommend a variance to the regulations of this chapter to the Village Board of Trustees unless it shall make findings of fact based upon the evidence presented to it in each specific case that:
(a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district in which it is located;
(b) The plight of the property owner is due to unique circumstances; and,
(c) The variance, if granted, will not alter the essential character of the locality.
(2) Supplemental standards. For the purposes of implementing the provisions of this section, the Zoning Board of Appeals shall also, in making its determination/recommendation as to whether or not there are practical difficulties or particular hardships. They shall take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence submitted:
(a) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were not carried out;
(b) The conditions on which a petition/application for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification;
(c) 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;
(d) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and,
(e) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood.
(D) The Zoning Board of Appeals may impose such conditions and restrictions on the premises benefited by the variation as may be necessary to comply with the standards established in this section, to reduce or minimize the effect of the variation on other property in the neighborhood and to better carry out the general intent of this chapter.
(E) Variations from the regulations of this chapter shall only be recommended by the Zoning Board of Appeals in accordance with the standards established in division (C) above, and may be granted by the Village Board of Trustees only in the following instances:
(1) To permit any yard or setback less than the yard or setback required by the applicable regulations, but not more than 25%;
(2) To permit the use of a lot or lots for a use, otherwise prohibited solely because of insufficient area or widths of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 90% of the required area and width. The percentage set forth in this division is not to be reduced by any other percentage for minimum lot width and area set forth by this chapter;
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that the substantial use of the facility by each use 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, unloading and outdoor storage facilities required by not more than one parking space or loading, unloading and outdoor storage space, or 20% of the applicable regulations, whichever number is greater;
(5) To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served;
(6) To increase by not more than 20% the gross area or locational requirements of any signage;
(7) To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations;
(8) To vary fence and/or hedge requirements by not more than 20%;
(9) To exceed any of the authorized variations allowed under this division, when a lot of record or a zoning lot, vacant or legally used on the effective date of this chapter, is by reason of the exercise of the right of eminent domain by any authorized governmental 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; and,
(10) The concurring vote of four members of the Zoning Board of Appeals shall be necessary to recommend a variation.
(F) Variations other than or exceeding those listed above shall only be granted by the Village Board of Trustees, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of four of the elected members of the Village Board of Trustees shall be necessary to reverse any recommendation of the Zoning Board of Appeals. The concurring vote of the majority of the elected members of the Village Board of Trustees shall be necessary to approve or concur with the recommendations of the Zoning Board of Appeals.
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 12-0973, passed 4-4-12)