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The Zoning, Planning and Appeals Commission, after a public hearing, may make recommendations to the Village Board to vary the regulations of this Chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where such Board makes findings of fact in accordance with the standards hereinafter 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.
(Ord. 05-2539, passed 10-11-05)
(A) An application for a variance shall be filed in writing with the Zoning Administrator at least 45 days before a regularly scheduled meeting of the Zoning, Planning and Appeals Commission. The application shall contain such information as the Zoning, Planning and Appeals Commission may, by rule, require. The applicant shall submit a list of the names and addresses of all owners of contiguous property as recorded in the office of the recorder of deeds or the registrar of titles of the county in which the property is located and as appears from the authentic tax records in such county. All public roads, streets, alleys and other public ways shall be excluded in determining which property is contiguous to the location for which the variation is requested. The Zoning, Planning and Appeals Commission shall hear no application for variation unless the applicant furnishes the list herein required. Any homeowners' group who has filed a written request to receive notices of any public hearing with the secretary of the Zoning, Planning and Appeals Commission shall be entitled to receive such a notice.
(B) Notice of the time and place of such public hearing shall be published at least once in the official newspaper and also by mailing notice thereof to the parties in interest, including those mentioned in the above division, said publication and mailing to be made not more than 30 days nor less then 15 days before the date of the hearing. The Zoning, Planning and Appeals Commission shall submit its recommendation to the Village Board within 90 days from the date of filing of the application for the variance with the Zoning Administrator.
(Ord. 05-2539, passed 10-11-05)
(A) The Zoning, Planning and Appeals Commission shall not make a recommendation to the Village Board to vary the regulations of this Chapter, as authorized in this Article, unless it shall make findings of facts based upon the evidence presented to it in each specific case that:
(1) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a practical difficulty or particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;
(3) The purpose of the variance is not based exclusively upon a desire to increase financial gain;
(4) The alleged difficulty or hardship has not been created by any person presently having a proprietary interest in the property;
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
(7) The proposed variation is in harmony with the general purpose and intent of this Chapter.
(B) The Zoning, Planning and Appeals Commission may recommend such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this Section and the objectives of this Chapter.
(Ord. 05-2539, passed 10-11-05)
(A) Variances from the regulations of this Chapter shall be recommended by the Zoning, Planning and Appeals Commission only in accordance with the standards established in § 155.703, "Standards for Variances," above, and may be recommended only in the following instances and in no others:
(1) To vary the applicable bulk regulations, including ceiling level height, maximum height, maximum lot coverage, and minimum yard requirements;
(2) To vary the applicable lot area, lot width and lot depth requirements of this Chapter, but in no event shall the respective area and width of the lot or lots be less than seventy-five percent (75%) of the required area and width;
(3) To permit the same off-street parking facility to qualify as required facilities to two or more uses, provided that substantial use of such facility by each user 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 facilities required by not more than one parking space or loading space, or twenty-five percent (25%) of the required facilities, whichever number is greater;
(5) To increase by not more than twenty-five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served;
(6) To permit the extension of a district zone to include less intensively zoned land where the boundary lines of such district divides a lot or tract held in single ownership at the time of the passage of this Chapter; provided, however, that the less intensively zoned tract of land contained less than 4,000 square feet in area;
(7) To permit the reconstruction of a building which is nonconforming solely as to bulk and which building has been damaged or destroyed by fire, explosion, act or God, or public enemy, to the extent [of] more than seventy-five percent (75%) of the cost of the restoration of the entire building new, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(8) To permit the validity for a period longer than one year of any order of the Zoning Board of Appeals or ordinance granting a variation pursuant to the other requirements of this Chapter. However, the validity of any order of the Zoning Board of Appeals or ordinance granting any zoning relief under this Chapter may be extended beyond one year by the Village Board of Trustees upon good cause shown as determined by the Board of Trustees, without additional hearings before the Zoning Planning and Appeals Commission.
(B) No ordinance of the Village granting a variance shall be valid for a period longer than one year from the date of such ordinance unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period; however, extensions of not more than two 6-month periods may be granted by written order of the Director of Community Development, if he or she determines that the owner or developer has diligently pursued commencement of construction.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 08-2691, passed 9-23-08; Am. Ord. 09-2710, passed 1-27-09)
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