A. Minor Variations. For purposes of this Chapter, a minor variation is a variation that is within the final decision-making authority of the Zoning Administrator. Except as limited by Sections 17.60.020 and 17.60.030 of this chapter, or unless the Village Council otherwise delegates final decision-making authority to the Zoning Board of appeals or reserves final decision-making authority for itself, the Zoning Administrator shall have the authority to make final decisions to grant or deny zoning variations in the cases identified and marked with the letters "ZA" in the Table of Decision-Making Authority set forth in subsection D of this section.
B. Standard Variations. For purposes of this Chapter, a standard zoning variation or a standard variation is a variation that is within the final decision-making authority of the Zoning Board of Appeals. Except as limited by Section 17.60.030 of this chapter, or unless the Village Council otherwise reserves final decision-making authority for itself, the Zoning Board of Appeals shall have the authority to make final decisions to grant or deny zoning variations in the cases identified and marked with the letters "ZBA" in the Table of Decision-Making Authority set forth in subsection D of this section.
C. Major Variations. For purposes of this Chapter, a major variation is a variation for which the Village Council has retained final decision-making authority, as indicated in the Table of Decision-Making Authority set forth in subsection D of this Section, and as set forth in full detail in Section 17.60.030 of this chapter.
D. Table of Final Decision-Making Authority. The final decision-making authority of the Zoning Administrator, the Zoning Board of Appeals and the Village Council, for minor variations, standard variations and major variations, respectively, shall be as indicated in the following table, subject to the Village Council's reservation of final decision-making jurisdiction as provided in section 17.60.030 of this chapter.
Table of Final Decision-Making Authority | ||
Nature of Variation | Zoning District | |
R-1, R-2, R-3, R-4, R-5 | B-1, B-2, C-1, C-2, D | |
Table of Final Decision-Making Authority | ||
Nature of Variation | Zoning District | |
R-1, R-2, R-3, R-4, R-5 | B-1, B-2, C-1, C-2, D | |
To reduce a required front yard setback for any principal building | ZA: No more than 25% | ZA: None. |
ZBA: Above 25%, but no more than 50% | ZBA: No more than 20% | |
Council: Over 50% | Council: Over 20% | |
To reduce a required side yard setback for any principal building | ZA: No more than 25% | ZA: None. |
ZBA: Above 25%, but no more than 50% | ZBA: No more than 20% | |
Council: Over 50% | Council: Over 20% | |
To reduce a required rear yard setback for any principal building | ZA: No more than 25% | ZA: None. |
ZBA: Above 25%, but no more than 50% | ZBA: No more than 20% | |
Council: Over 50% | Council: Over 20% | |
To reduce a required corner yard setback for any principal building | ZA: No more than 25% | ZA: None. |
ZBA: Above 25%, but no more than 50% | ZBA: No more than 20% | |
Council: Over 50% | Council: Over 20% | |
To reduce a required side yard setback for any detached residential garage | ZA: No more than 25% | ZA: None. |
ZBA: Above 25%, but no more than 50% | ZBA: No more than 20% | |
Council: Over 50% | Council: Over 20% | |
To reduce any other required setback for any residential garage | ZA: None | ZA: None. |
ZBA: No more than 20% | ZBA: No more than 20% | |
Council: Over 20% | Council: Over 20% | |
To reduce a required side yard setback for any accessory structure other than a garage | ZA: No more than 25% | ZA: None. |
ZBA: Over 25% to and including 100% | ZBA: No more than 20% | |
Council: Over 20% | ||
To alter the required fourth- story setback required by Section 17.46.025 of this code | N.A. | ZBA only |
To exceed roofed lot coverage limitations | ZA: None: | ZA: None. |
ZBA: No more than 20% | ZBA: No more than 20% | |
Council: Over 20% | Council: Over 20% | |
To exceed impermeable surface limitations | ZA: None: | ZA: None. |
ZBA: No more than 20% | ZBA: No more than 20% | |
Council: Over 20% | Council: Over 20% | |
To allow a zoning lot with a pre-FAR principal use to exceed maximum building size (gross floor area) limitations | ZA: None: | Council only |
ZBA: No more than 10% | ||
Council: Over 10% | ||
To allow a zoning lot with a post-FAR principal use to exceed maximum building size (gross floor area) limitations | Council only. | Council only |
To exceed maximum building height limitations for a building (vertical height in feet only) | ZA: None | Council only |
ZBA: No more than 20% | ||
Council: Over 20% | ||
To exceed maximum height for accessory buildings and structures other than fences (vertical height in feet only) | ZA: None | ZA: None |
ZBA: All requests | ZBA: No more than 20% | |
Council: Over 20% | ||
To increase the height of a fence | ZA: None | ZA: None |
ZBA: All requests, provided that the maximum height allowed pursuant to a variation shall be no more than 10 feet | ZBA: All requests, provided that the maximum height allowed pursuant to a variation shall be no more than 10 feet | |
To reduce the lot area of a zoning lot below the applicable minimum lot area | ZA: None | ZA: None |
ZBA: No more than 5% below the applicable minimum | ZBA: No more than 5% below the applicable minimum | |
To allow a structural change to add, move or enlarge a door or window in a legally nonconforming building wall, subject to all of the following conditions: | ZA: All requests | ZA: None |
ZBA: None | ZBA: All requests | |
- No change in the plane of the wall; | ||
- Door or window is in a side or rear building wall; and | ||
- Door or window faces a side or rear yard of an adjoining property | ||
To replace a legally nonconforming open porch, deck or patio attached to a pre-FAR principal building, subject to the following conditions: | ZA: All requests | ZA: All requests |
ZBA: None | ZBA: None | |
- The new porch, deck or patio must occupy the same footprint as the original; | ||
- There shall be no increase in gross floor area, roofed lot coverage or impermeable surface area if property currently meets or exceeds applicable limitations | ||
To vary the building line articulation requirements for additions to single family residential buildings | ZA: Unarticulated distance of no more than 50 feet | Not applicable. |
ZBA: Unarticulated distance over 50 feet | ||
To allow the one-for-one replacement of legal non-conforming accessory structures or portions of a principal structure, provided the following conditions are met: | ZA: All requests | Council only |
- the degree of nonconformity in the setbacks will be reduced; and | ZBA: None | |
- the proposed replacement will have the same footprint and will not increase the gross floor area, roofed lot coverage or impermeable surface | ||
To vary the width limitations for attached garages | ZA: All requests | Not applicable |
ZBA: None | ||
To vary the width limitations for front-facing garage doors | ZA: All requests | Not applicable |
ZBA: None | ||
(MC-3-2009, Amended, 04/28/2009; MC-6-2005, Added, 09/20/2005)