A. Variances Authorized: Whenever, in specific circumstances due to exceptional or special conditions which apply to any particular premises, lot or tract of land, whereat the strict application of the regulations of this chapter would result in practical difficulties or the imposition of a particular hardship on the property owner, a variance may be granted subject to the conditions hereinafter set forth.
B. Application For Variance; Grant Or Denial: Application for a variance shall be made to the zoning board, which shall grant or deny the variance request within thirty (30) days from the submission of the request, and if the zoning board does not take any action thereon within thirty (30) days, the request shall be deemed denied.
C. Appeal Of Denial: The denial of a variance by the zoning board may be appealed to the village board which may, by a majority vote, grant the variance.
D. Conditions Of Variance: A variance may be granted only when the following conditions exist:
1. That special conditions and circumstances exist which are peculiar to the land or structure involved which are not applicable to other lands or structures in the same zoning district;
2. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other lands or structures in the same zoning district under the terms of this chapter;
3. That the special conditions and circumstances do not result from the actions of the applicant;
4. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands or structures in the same zoning district;
5. That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the property;
6. That congestion on the public streets will not be increased unreasonably or that the property will be relieved of unreasonable parking requirements;
7. That the values or character of property within the surrounding area will not be diminished or impaired thereby, nor nearby property adversely affected; and
8. That in all other respects, the public health, safety, comfort, and welfare will not be impaired. (Ord. 384, 11-18-2002, eff. 12-1-2002)