A. Authority: The zoning board of appeals shall recommend and the village board shall consider all applications for variations from the provisions of this title, after a public hearing conducted by the zoning board, in specific instances where the zoning board makes findings of fact in accordance with the standards prescribed in subsection E of this section, and specifically finds that there are practical difficulties or particular hardships in carrying out the strict letter of the regulations of this title.
B. Initiation: An application for a variation may be made by any person, firm or corporation, governmental office, department, board, bureau or commission, which has a freehold interest in the land or land and improvements described in such application, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or an option to purchase.
C. Processing: An application for a variation shall be filed with the Village Clerk, who shall forward a copy of such application to the Zoning Board of Appeals in accordance with applicable law. A copy of an application for a variation within an historic district shall also be forwarded to the Historic Sites Commission for its review.
The application shall contain such information as required by the Zoning Enforcement Officer and the Zoning Board of Appeals, and shall include, at a minimum:
1. A legal description and common address for the subject property;
2. A current plat of survey locating lot lines and all existing improvements or structures;
3. A vicinity map indicating the location and distance from adjoining principal and accessory uses from the subject property;
4. Satisfactory evidence of ownership by affidavit, contract purchase, or disclosure of beneficial trust, indicating all parties or entities having an interest in the property;
5. A project impact statement justifying the need for the variation and how the standards in subsection E of this Section have been met.
6. A zoning review of the proposed project, prepared by the Zoning Enforcement Officer, detailing the scope of the project and including section(s) of the Village Code where the project is non-compliant with Zoning Regulations.
D. Hearing: The Zoning Board of Appeals shall conduct a public hearing after publication of a notice of time and place of such hearing, at least once not more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation within the Village. At least fifteen (15) days before the hearing, written notice shall be served on the owners of all properties located adjacent to or within two hundred fifty feet (250') from the subject property for which the variation is requested, and upon the Historic Sites Commission for every application for a variation within an historic district.
Written notice of such hearing shall not be required if the applicant presents the written consent of all such owners to the proposed variation at or prior to the hearing. In any case, the failure of any such owner to receive the written notice shall not deprive the Zoning Board of Appeals or the Village Board of jurisdiction to consider the application for a variation, or invalidate, impair or otherwise affect any decision concerning such a variation.
E. Standards For Variations: The Zoning Board of Appeals shall not recommend and the Village Board shall not grant a variation to the regulations of this Title unless findings have been made based upon the evidence presented at the public hearing, to show that:
1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; and
2. The plight of the owner is due to unique circumstances; and
3. The variation, if granted, will not alter the essential character of the locality in which the property is located.
For the purpose of implementing these standards, and of considering whether there are practical difficulties or particular hardship which may warrant a variation from the regulations of this Title, the Zoning Board of Appeals and the Village Board shall also determine the extent to which the following facts, favorable to the applicant, have been established by the evidence:
1. The particular physical surroundings, shape or topographical features of the specific property involved would result in a particular hardship, as distinguished from a mere inconvenience, if the strict letter of the regulations was to be carried out; and
2. The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification; and
3. The purpose of the variation is not based exclusively upon a desire to make more money out of the property; and
4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; and
5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and
6. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
F. Conditions For Approval: The zoning board of appeals may recommend such conditions and restrictions upon the premises benefited by a variation, as may be necessary to comply with the standards set forth in subsection E of this section, to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, or to implement the general purpose and intent of this title. Such conditions and restrictions may include, but shall not be limited to, landscaping, wooden fencing or other screening from adjacent properties.
G. Authorized Variations: Variations from the regulations of this title may be decided by the zoning board and the village board only in accordance with the standards set forth in this section.
H. Decision: Upon receipt of a report from the zoning board of appeals, including the requisite findings concerning the standards for a variation set forth in subsection E of this section, and without further public hearing, the village board may grant or deny any proposed variation, or may refer it back to the zoning board of appeals for further consideration; provided that any proposed variation which fails to receive a favorable recommendation from the zoning board of appeals shall not be granted by the village board except by a favorable vote of two- thirds (2/3) of all trustees holding office.
I. Automatic Revocation: Any variation permitting the erection or alteration of a building or structure shall be null and void unless a building permit for such erection or alteration is issued and actual work is substantially under way (a) within one year after the date the variation was granted, provided, however, that the Owner may request, by written application filed with the Village Clerk prior to the expiration of the one-year period, a one-time six (6) month extension of such period, which extension may be granted by the Village Board in its sole discretion, or (b) within eighteen (18) months after the date the variation was granted provided the Owner, upon good cause, requested and received a term of eighteen (18) months at the time the variance was granted. (Ord. 00-03, 1-11-2000; amd. Ord. 19-18, 11-5-2019; Ord. 22-10, 9-6-2022)