(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)