(A) A variance is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure or use.
(B) A so-called "use variance" (which would allow a use that is neither permitted nor special in the district in question) is not a variance, it is an amendment, and may be granted only as provided for at § 155.167 below.
(1) Application.
(a) Every application for a variance shall be filed with the Administrator on a prescribed form. (Every variance application shall also be filed with the Soil and Water Conservation District as per state law (ILCS Ch. 70, Act 405, § 22.02(A)) The Administrator shall promptly transmit the application, together with any device he or she might wish to offer, to the Board of Zoning Appeals.
(b) The application shall contain sufficient information to allow the Board to make an informed decision, and shall include, at a minimum, the following (Note: filing fee required):
1. Name and address of the applicant;
2. Location of the structure/use for which the variance is sought;
3. Brief description of adjacent lots, structures and/or uses:
4. Brief description of the problem(s)/circumstances engendering the variance request;
5. Brief, but specific, statement/explanation of the desired variance;
6. Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and
7. Any other pertinent information that the Administrator may require.
(2) Public hearing, notice.
(a) The Board of Zoning Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them.
(b) At the hearing any interested party may appear and testify either in person or by duly authorized agent or attorney.
(c) Notice indicating the time, date and place of the hearing, and the nature of the proposed variance shall be given not more than 30 nor less than 15 days before the hearing:
1. By first class mail to the applicant and to all parties whose property would be directly affected by the proposed variance; and
2. By publication in a newspaper of general circulation within the village.
(3) Standards for variances. The Board of Zoning Appeals shall not grant any variance unless, based upon the evidence presented to it, it determines that:
(a) The proposed variance is consistent with the general purposes of this chapter. See § 155.002 above;
(b) Strict application of the normally-applicable requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;
(c) The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;
(d) The plight of the applicant is due to circumstances not of his or her own making;
(e) The circumstances engendering the variance request are peculiar and not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and
(f) The variance, if granted, will not alter the essential character of the area where the premises in question are located or significantly impair implementation of the community plan.
(4) Terms of relief; finds of fact. The Board of Zoning Appeals shall decide on every variance request within a reasonable time after the public hearing. In accordance with state law (Ill. Rev. Stat., Ch. 24, § 11-13-11), the Board of Zoning Appeals shall specify the terms of relief recommended (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the Board's reasons for the granting or denying the requested variance.
(1994 Code, § 40-10-3)