A. Authority: The Planning and Zoning Commission may vary the regulations of this title for those variances enumerated in subsection 10-12-1A1e of this chapter in harmony with their general purpose and intent. The Village Board may grant such other variances which are permitted by this title in harmony with the general purpose and intent of those regulations.
B. Standards For Variances:
1. No variance from the regulations of this title shall be granted unless there are findings based upon the evidence presented in each specific case that:
a. The variance is in harmony with the general purpose and intent of this title; and
b. Strict enforcement of this title would result in practical difficulties or impose exceptional hardship due to special and unusual conditions which are not generally found on other properties in the same zoning district; and
c. The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by this title; and
d. The variance, if granted, will not alter the essential character of the neighborhood and will not be substantial detriment to adjacent property.
2. No variance may be granted from the provisions of this title concerning permitted uses, conditional uses or the regulation of nonconforming uses.
C. Procedures For Variances: An application for a variance shall be processed in accordance with the provisions of section 10-12-5 of this chapter.
D. Initiation Of Variance: A variance may be proposed by a person being the owner, lessee or contract purchaser of the subject property.
E. Decision: The favorable vote of a majority of members of the quorum of the Planning and Zoning Commission/Corporate Authorities, but in no case less than four (4) members, shall be necessary for the granting of a variance.
F. Conditions And Restrictions:
1. Conditions and restrictions may be imposed upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this section.
2. If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the variance is utilized or in effect. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed variance.
3. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for variances.
4. The variance shall be valid only if the conditions and restrictions imposed upon the premises are fulfilled.
G. Effective Period Of Variance:
1. No variance shall be valid for a period longer than one year from the date of granting the variance, unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period.
2. A variance shall not be valid if a building, structure or use of land for which a variance has been granted is destroyed or damaged by fire, collapse, explosion or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the building, structure or use of land at the time of destruction or damage.
3. In the event such damage or destruction is less than fifty percent (50%) of the replacement cost of the building, structure or use of land, the variance shall be valid only if such restoration is started within six (6) months from the date of partial destruction and restoration proceeds and does not cease for a period of sixty (60) days and completion is accomplished within twenty four (24) months from the date of partial destruction. (Ord. 17-1864, 11-14-2017)