The owner or operator of any hotel, motel or apartment may be granted a variance from any of the requirements of this chapter, under the following procedure and upon the following terms.
(A) The owner or operator who seeks a variance shall file a written petition for variance which:
(1) Identifies the owner;
(2) Identifies the operator, if any;
(3) Gives the common address and the legal description of the property;
(4) Cites the specific term or terms of this chapter from which variance is sought; and
(5) Gives the reason or reasons why such owner or operator believes a variance should be granted. If financial hardship is advanced as the reason for the granting of a variance, current balance sheets and financial statements of the owner and operator, if any, as prepared by a certified public accountant(s), shall be included with the petition. The petition and all supporting documents shall be filed with the Village Clerk. A filing fee of $150 is payable upon filing the petition.
(B) Simultaneously upon filing a petition for variance, the owner or operator seeking a variance shall post one or more notices of such petition in prominent locations at the hotel, motel or apartment building in question. Such notice(s) shall remain posted until the date of the hearing and must be replaced by the owner or operator if removed or defaced. The owner or operator shall provide the President and Board of Trustees with sufficient proof that such notice was posted and remained in place until the date of the hearing.
(C) The President and Board of Trustees shall consider the petition at a regular or special meeting no less than ten days nor more than 45 days after the filing of the petition.
(D) At such hearing, the owner or operator bears the burden of proving the matters set forth in the petition by a preponderance of the evidence. Formal rules of evidence shall not apply. Proponents shall be heard first, followed by opponents. Repetitive or cumulative evidence may be limited or barred and time limits may be imposed by the President and Board of Trustees. Proponents and opponents may be represented by counsel.
(E) The variance sought may be granted, in whole or in part, if a simple majority of the corporate authorities present at such meeting determine either that:
(1) Compliance with the term in question, under the particular circumstances shown by the evidence, would not enhance the health and safety of the public; or
(2) Compliance with the term in question would impose a severe financial burden upon the owner and operator, if any. The specific terms of any variance granted shall be set forth in writing, and any variance granted because of financial burden shall expire not more than one year after the date granted.
(F) An owner or operator may seek additional or subsequent variances by filing new petitions therefor and otherwise complying with the foregoing rules.
(Prior Code, § 150.28) (Ord. 90-10-01, passed 10-8-1990)