A. Authority: Variations from the terms and regulations of this ordinance may be granted, except section 2-8, entitled “Home Occupations”, of this ordinance, as authorized by statute, in specific cases where an undue hardship exists. In order to prove the existence of an undue hardship, the Applicant is required to demonstrate that the Subject Property cannot be used in a manner consistent with the existing Zoning. An undue hardship must satisfy each of the following requirements:
1. The hardship must be based upon the unique characteristics of the property (house and lot).
2. General financial concerns will not be considered a valid basis for establishing an undue hardship. However, if the property in question cannot yield a reasonable financial return if permitted to be used only under the conditions allowed by the regulations in that particular zoning district, then the Applicant’s financial concerns will be considered a valid hardship.
3. The proposed variation will not alter the essential characters and uses of the neighborhood.
4. Applicant’s arbitrary personal preference will not be considered as a valid hardship.
5. Applicant’s disagreement with Village Ordinance shall not be considered as a valid hardship.
Each review and determination of whether an undue hardship exists, or fails to exist, will be considered by the Plan Commission/Zoning Board of Appeals on a case by case basis solely on the evidence presented by the applicants in that particular application.
Such variations shall be granted by the president and board of trustees, by resolution or ordinance, following a public hearing before the board of appeals. The grant of such variation shall incorporate the findings by the board of trustees which justify the grant.
B. Application For Variation: Applications for the grant of a variation shall be made in writing in triplicate, and shall contain all the facts necessary to a consideration of the proposal including a written hardship statement and shall be accompanied by the fee provided in section 11-6 of this chapter.
C. Hearing:
1. Notice By Publication: No variation shall be granted except after a public hearing before the board of appeals, notice of which must be published at least once not less than fifteen (15) nor more than thirty (30) days before the hearing, as required by law.
2. Notice By Mail:
a. Each applicant subject to the provisions hereof shall give not less than fifteen (15) days’ prior written notice of the public hearing by certified mail, return receipt requested, on the owners of all property within two hundred fifty feet (250') in each direction of the lot lines of the subject property. The owners to be notified are such persons or entities which appear in the authentic tax records of Cook County.
b. The number of feet occupied by all public roads, streets, alleys and other public ways shall not be included in computing the two hundred fifty feet (250') requirement. In no event shall this requirement exceed three hundred fifty feet (350'), including public streets, alleys and other public ways. Said notice shall contain the address of the subject property, a brief statement of the nature of the application, the name and address of the applicant and the date, time and location of the public hearing.
c. If, after a bona fide effort to determine such address by the applicant, the owner of the property on which notice is served cannot be found at his or its last known address, or the mailing notice is returned because the owner cannot be found at the last known address, the notice requirements of this provision shall be deemed satisfied.
d. In addition to serving the notice herein required, at the time of filing the application, the applicant shall furnish to the chairman of the Zoning Board of Appeals a complete list containing the names and last known addresses of the persons so served and said petitioner shall also furnish a written statement to the Chairman of the Zoning Board of Appeals certifying that the requirements hereof have been complied with. The Zoning Board of Appeals shall hear no application unless the applicant complies in all respects with the requirements herein. (Ord. 0-93-416, 6-10-93)
D. Report on Variation: After holding a public hearing on a requested variation, the Board of Appeals shall make its report, together with its findings of fact, to the President and Board of Trustees promptly.
E. Conditions of Variance: A grant of variation under the terms of this Section may be made subject to such conditions as are proper and necessary for the protection of the public welfare, and use by the applicant or subsequent owner or occupant of the property of the privilege granted by the variation may be continued only so long as such conditions are complied with.
F. Time Limit on Variations:
1. No order for a variance permitting the erection or alteration of a building shall be valid for a period longer than six (6) months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
2. No order for variance permitting a use of a building or premises shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. (Ord. 0-69-105, 5-8-1969; amd. Ord. 2004-723, 7-8-2004; Ord. 2022-1316, 4-14-2022)
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