A. Authority: The plan and zoning commission shall recommend variations of the provisions of this title in harmony with its general purpose and intent, and shall recommend them only in the specific instances hereinafter set forth where the plan and zoning commission shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title.
B. Initiation: An application for a variation may be made by anyone requesting or intending to apply for a building permit or occupancy certificate. If the applicant is not the owner of the property, then the owner's approval is also required on the application.
C. Required Application Submittals And Processing: An application for a variation shall be filed with the zoning administrator on a form provided by the village. The application shall include, at a minimum:
1. Legal description and common address of subject property;
2. Current plat of survey locating lot lines and all existing structures;
3. Existing zoning of property and within two hundred feet (200');
4. Proposed variation;
5. Ownership of record and/or disclosure of other beneficial interest;
6. Written statement explaining the circumstances by which the subject property meets the three (3) criteria for a hardship as prescribed in subsection F of this section; and
7. Other information as may be required by the zoning administrator, the plan commission and village board to address the request.
D. Public Hearing: A public hearing is required and shall be conducted in accordance with section 10-11-6 of this chapter.
E. Findings Of Fact And Recommendations: No variation shall be approved by the village board until a public hearing before the plan and zoning commission has been held and a report of the plan and zoning commission’s findings and recommendations has been submitted to the village board, in accordance with state statutes and section 10-11-6 of this chapter.
F. Standards For Variations:
1. The plan and zoning commission shall not recommend variation of the provisions of this title as authorized in this section, unless it shall have made findings based upon the evidence presented to it as follows:
a. That 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;
b. That the plight of the owner is due to unique circumstances; and
c. That the variation, if granted, will not alter the essential character of the locality.
2. A variation shall be recommended only if the evidence, in the judgment of the board of appeals, sustains each of the three (3) conditions enumerated above.
3. For the purpose of supplementing the above standards, the zoning board of appeals, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
a. That the particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from an inconvenience if the strict letter of the regulations were to be carried out;
b. That the conditions upon which the petition for variation is based may not be applicable generally to other property within the same zoning classification;
c. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;
d. That the alleged difficulty or hardship has not been created by any person having an interest in the property;
e. That the granting of the variation shall not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; or
f. That 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.
4. The plan and zoning commission may require all conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title.
G. Authorized Variations: Variations from the regulations of this title may be granted by the village board to permit the minimum necessary variation in bulk standards, parking requirements or other standards of this title to alleviate a hardship to a landowner, as determined by subsection F of this section.
H. Granting Of Variance; Ordinance Contents:
1. Without further public hearing, the village board may grant, deny or amend the recommendation for variation. Every variation which is granted by ordinance of the village board shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variation which shall remain a part of the permanent records of the zoning board of appeals. The findings of fact shall specify the reason for granting the variation.
2. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact of the ordinance.
I. Time Limit For Granted Variation: It is the intent of the village board that a variation granted in accordance with this title be acted upon within twelve (12) months after the passage of the ordinance granting the variation. If, therefore, within that twelve (12) month period, neither a building permit nor an occupancy permit has been obtained, then the zoning administrator shall apply to the village board to rescind the ordinance granting the variation, and the trustees shall either rescind the variation or extend it for a specified period for further actions. If a timely building permit is obtained but construction is not commenced while the permit is valid, then such application for rescission shall likewise be made. Written notice of the date for any actions to rescind shall be sent to the applicant for the variation at the last known address of said applicant.
(Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)