(A) Criteria for variances. The Board shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this chapter would cause undue and unnecessary hardship. In authorizing a variance, the Board may attach such conditions and require such guarantee or bond as it may be necessary to assure compliance with the objectives of this chapter. When considering a request for a variance, the Board may grant a variance in the application of the provisions of this chapter only if all of the following required findings are made:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions of the property generally created by the provisions of this chapter in the neighborhood or district in which the property is located, and not by an action or actions of the property owner or the applicant;
(2) That because of such conditions or physical circumstances, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3) That the granting of the variance will not adversely affect the rights of the adjacent property owners or residents;
(4) That the strict application of this chapter of which the variance is requested will constitute unnecessary hardship upon the property owner or the applicant, and that such unnecessary hardship has not been created by the appellant;
(5) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located;
(6) That the variance desired will not adversely affect the public health, safety, morals or general welfare;
(7) That the variance will not adversely affect the delivery of emergency, safety or government services; and
(8) That the variance, if authorized, will represent the minimum use or area variance that will afford relief and will represent the least modification possible of the regulation and issue.
(B) Board may recommend zone change. The Board may determine that the requested use or structure is not eligible for a variance, but may form the opinion that the proposed project is otherwise acceptable. The Board may make a recommendation to the Council for an amendment to this chapter. Notwithstanding the action of the Board, the applicant may apply for a zone change according to the ordinances of the village.
(Ord. O-38-2020, passed 12-14-2020)