A. Request For Variance: A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the director of municipal services as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
B. Authority To Grant Variances: The director of municipal services shall decide on an individual basis whether a variance is authorized for each provision of this chapter identified in the variance request.
C. Conditions For Granting Of Variance: The director of municipal services may authorize a variance only if the utility requesting the variance has demonstrated that:
1. One or more conditions not under the control of the utility (such as terrain features or an irregular right of way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
2. All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
D. Additional Conditions For Granting Of A Variance: As a condition for authorizing a variance, the director of municipal services may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
E. Appeal Of Decision: An appeal of any decision, determination or order of the director of municipal services, or his or her designee, including denial of a variance, under the provisions of this chapter shall be heard by the zoning board of appeals in accordance with the provisions of section 10-3-13 of the development control ordinance, except that there shall be no newspaper publication requirement for the hearing (only compliance with the notice and publication requirements of the open meetings act) and the time periods for filing and holding a hearing on the appeal shall be as set forth in this subsection. The application for appeal shall be submitted in writing to the village clerk within thirty (30) days after the date of such decision, determination or order. The zoning board of appeals shall commence its consideration of the appeal at the board's next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal or within fifteen (15) days of the filing date of the appeal. The zoning board of appeals shall timely decide the appeal and the decision shall be final. (Ord. 07-2463, 11-19-2007)