9-2-3: VARIATIONS AND EXCEPTIONS:
   A.   Authority; Findings Of Fact: Where the president and board of trustees finds that extraordinary hardships or particular difficulties may result from strict compliance with this title, they may recommend variations or exceptions to the regulations; provided, that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this title; and further provided, the village board shall not recommend variations or exceptions to this title unless it shall make findings based upon the evidence presented to it in such specific case that:
      1.   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.   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.   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.
      4.   Cost to the developer of strict or literal compliance with this title shall not be the sole reason for granting a variation or exception.
   B.   Conditions For Granting Variance: In recommending variations, the village board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this title.
   C.   Procedure: A petition for any variation shall be submitted in writing by the developer at the time when the preliminary plat is filed for the consideration of the president and the board of trustees. The petition shall fully detail the grounds for the application and all of the facts taken into consideration by the petitioner.
   D.   Recommendations And Approval: Variations and exceptions as may be recommended by the village board shall be in writing, substantiating the recommended variations and/or exceptions. The village board may approve such variations or exceptions from the requirements of this title in specific cases as listed on the final plat, which, in the board's opinion, do not adversely affect the intent and purpose of this title. (Ord., 12-27-2007)