(A) Notwithstanding disqualification from approval pursuant to this chapter, a proposed land division which does not fully comply with the applicable lot, setback, accessibility, and area requirements of the Zoning Ordinance or this chapter may be approved under the following circumstances:
(1) (a) Where the applicant executes and records an affidavit or permanent deed restriction with the County Register of Deeds, in a form acceptable to the village, designating the parcel as “not buildable” and also not usable for anything other than agricultural or passive uses, which restrictions shall be enforceable by the village;
(b) Any such parcel shall also be designated as “not buildable” in the village records, and shall not thereafter be the subject of a request to the Zoning Board of Appeals for variance relief from the applicable lot and/or area requirements (any hardship or practical difficulty shall be deemed “self-created”), and shall not be used except for agricultural or passive uses;
(2) Where, in circumstances not covered by this section, the village has previously granted a variance from the lot, yard, ratio, frontage, or area requirements with which the parcel failed to comply; and
(3) Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating this chapter, any other village ordinance, or the Act.
(B) The Village Council may act upon all questions that arise in the administration of this chapter:
(1) It may hear and decide appeals from and review any order, requirement or determination made by an official charged with enforcement of this chapter. An appeal may be taken by any person aggrieved by any action under this chapter;
(2) It may grant variances to this chapter where the literal enforcement of its requirements would involve practical difficulties or cause undue hardship because of exceptional physical constraints or conditions of the land, building, or structure, or the use or development of the property immediately adjoining the property in question. In granting a variance, the Village Council shall ensure that the spirit of this chapter is observed, public safety secured, and substantial justice done;
(3) The Village Council may grant variances only upon finding, from reasonable evidence, that the following facts and conditions exist:
(a) There are exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the area or general vicinity, and are not the result of actions of the applicant;
(b) Such a variance is necessary for preservation and enjoyment of a substantial property right similar to that possessed by other properties in the general vicinity. The possibility of increased financial return shall not be deemed sufficient to warrant a variance;
(c) Authorizing a variance will not be a substantial detriment to adjacent property and will not materially impair the intent and purpose of this chapter or the public interest; and/or
(d) The condition or situation affecting the property is not so general or recurrent as to make reasonably practical the formulation of a general regulation.
(4) The determination by the Village Council of any appeal or variance shall be stated in the public record. The Village Council may adopt special rules of procedure for considering variances and appeals under this chapter, which at a minimum shall include a ten-day notice before any action is taken. This notice shall be sent to all property owners within 300 feet of the parent parcel and published in a newspaper circulating within the village.
(a) A copy of the notice shall go to the applicant and the appellant. The notice shall give the purpose, date, and time of the Village Council meeting at which the action will be considered.
(b) The Village Council may impose conditions on the granting of a variance or an appeal to ensure that the public services and facilities will be capable of accommodating the proposed use; to protect the natural environment and conserve natural resources; to ensure compatibility with adjacent uses of land; and to promote the use of the land in a socially and economically desirable manner.
(Prior Code, § 150.08) (Ord. 46, passed 2-18-2003)