(a) Where the subdivider alleges that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, he or she may request variations or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of this chapter. Application for any such variance shall be made in writing by the subdivider to the Village Administrator, Clerk, or highest elected official, as appropriate, at the time when the preliminary plat or certified survey is filed for consideration, stating fully all facts relied upon by the petitioner, and shall be supplemented with maps, plans, or other additional data which may aid village officials in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. The Village Administrator, Clerk, or highest elected official, as appropriate, may request that the Village Engineer, Village Attorney, or other officials review each situation to ensure that the request is consistent with the requirements and standards of this chapter. The Village Administrator, Clerk, or highest elected official, as appropriate, shall refer the matter to the Plan Commission with a written report and recommendation from village staff. The previous granting of variances or exceptions in the same or similar circumstances shall not of itself constitute grounds for the granting of a variance or exception, nor shall strictly financial rationale.
(b) The Village Board shall not grant variations or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) Failure to grant the variation may be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(2) The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, financial hardship, or self-imposed hardship, if the strict letter of the regulations were carried out; and
(4) There would be no costs (present or future) to the village resulting from the granting of the variance or exception.
(c) Any recommendations for variances or exceptions by the Plan Commission must be approved by a three-fourths majority vote of the Plan Commission and shall be so endorsed by the Secretary and transmitted to the Village Board. The Village Board, if it approves, shall do so by resolution adopted by three-fourths vote and shall instruct the Village Administrator, Clerk, or highest elected official, as appropriate, to notify the Plan Commission and the subdivider.
(d) Variances from the strict application of this chapter may also be granted in accordance with this chapter in the case of planned unit developments provided the Village Board, upon review and recommendations from the Plan Commission, shall find that the proposed development is fully consistent with the purpose and intent of this chapter, village zoning ordinances, and any Village Comprehensive Plan.
(Prior Code, § 14-1-100)