A. In considering all appeals and all proposed variations to the zoning regulations, the zoning board of appeals shall, before making any variation from the zoning regulations in a specific case, first determine that the proposed variation will not:
1. Impair an adequate supply of light and air to adjacent property;
2. Unreasonably increase the congestion in public streets;
3. Increase the danger of fire or endanger the public safety;
4. Unreasonably diminish or impair established property values within the surrounding area; or
5. In any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the village. (1982 Code § 2-3-7)
B. Variations shall be permitted by the board of appeals only when they are in harmony with the general purpose and intent of the regulations and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the use, construction, or alteration of buildings or structures or the use of land. In its consideration of the standards of practical difficulties or particular hardship, the board of appeals shall require evidence that: 1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; and 2) the plight of the owner is due to unique circumstances; and 3) the variation, if granted, will not alter the essential character of the locality. A variation shall be permitted only if the evidence, in the judgment of the board of appeals, sustains each of the three (3) conditions enumerated. (2016 Code)
C. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building/zoning inspector, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision. (1982 Code § 2-3-7; amd. 2016 Code)