A. Findings of Fact Required. Every variation, whether made by the Zoning Administrator, the Zoning Board of Appeals, or by an ordinance of the Village Council after a hearing before the Board, shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variation, which findings and exhibits shall remain a part of the permanent records of the Board. The findings of fact shall specify the reason or reasons for granting the variation.
B. Separate Statement of Conclusions or Relief. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact of the Board or ordinance.
C. Variation Standards for Zoning Board of Appeals and Zoning Administrator. The Zoning Board of Appeals shall not grant a standard variation, and the Zoning Administrator shall not grant a minor variation, unless the Board or the Zoning Administrator, as the case may be, makes an affirmative finding, based on evidence in the record or in a public document, that the variation requested is in harmony with the general purpose and intent of the Zoning Ordinance and that each of the eight conditions on which evidence is required pursuant to Section 17.60.050 of this Code has been met in connection with the variation application.
D. Variation Standards for Village Council. The Village Council shall have the discretion to grant variations, without further public hearing, upon finding that the variation requested is in harmony with the general purpose and intent of the Zoning Ordinance and in accordance with general or specific rules contained in this chapter, and upon finding that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions or regulations of the Zoning Ordinance; provided that, the passage of any ordinance granting a variation or application for variation that failed to receive a recommendation of approval by the Zoning Board of Appeals shall require the favorable vote of four Village Trustees.
E. Property for which a zoning variation has been granted shall not be used in violation of the specific terms of the findings of fact and grant of variation as set forth in the written order of the Zoning Administrator, the resolution of the Board, or ordinance of the Village Council, as the case may be, unless its usage is changed by further findings of fact of the Zoning Administrator, the Board or the Village Council, in an additional order, resolution or ordinance, as the case may be.
(Prior code § 22.16 (part))
(MC-2-2004, Amended, 04/06/2004)
(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)