When a parcel of land in a zoning district may
not be able to be used for the purposes allowed for such district
or for such purposes otherwise set out in this chapter or where there
exist practical difficulties or unnecessary hardships in the application
of the provisions of this chapter, it may be necessary in particular
cases to vary or modify the application of any of the provisions of
this chapter to achieve justice while preserving the spirit of this
chapter.
A.
The Zoning Board of Appeals may grant the minimum
necessary bulk variance required, provided that the appellant satisfactorily
demonstrates that there is a practical difficulty in obeying the strict
letter of this chapter.
B.
Considerations for a bulk variance. The Zoning Board
of Appeals shall, as applicable, consider the following in making
decisions concerning a bulk variance:
(1)
How substantial the variance is in relation to the
requirements.
(2)
The effects of the variance on governmental facilities,
services and costs.
(3)
The effects of the variance on adjoining properties.
(4)
The effects of the variance on the character of the
neighborhood.
(5)
Whether the difficulties of the applicant can be alleviated
by a reasonable alternate means.
(6)
Whether the difficulties are self-created.
(7)
Whether by denying the variance the applicant will
have no viable use of his/her land.
(8)
Whether by denying the variance the applicant will
suffer significant economic injury.
(9)
Other relevant considerations as may be appropriate
in each specific case.
(10)
Whether, in consideration of the above factors,
the interests of justice will be served by allowing the variance.
A.
The Zoning Board of Appeals may grant a use variance,
provided that the appellant demonstrates that there is unnecessary
hardship in obeying the strict letter of this chapter.
B.
Considerations for a use variance. The Zoning Board
of Appeals shall consider the following in making a decision concerning
a use variance:
(1)
The effect of granting the variance upon the legislative
intent of this chapter and the policy established therein by the Planning
Board and the Village Board.
(2)
That the property owner cannot obtain a reasonable
return from any use permitted in the district and any currently existing
nonconforming use of the property.
(3)
That the use requested will not alter the essential
character of the neighborhood.
(4)
That there are unique circumstances arising from the
nature of the property.
(5)
That the hardship was not self-created.
The Zoning Board of Appeals, in granting a variance,
may require additional conditions to mitigate any adverse effects
the requested variance may have upon the neighborhood and traffic
congestion and safety. These conditions may include, but are not limited
to, points of egress and ingress, landscaping, lighting, buffer areas,
fencing, parking and other conditions it may deem reasonable and proper
to ensure that the intent of the district is preserved.
At the time a variance is granted, the variance
pertains to the subject property and not the owner and is valid through
all subsequent owners. The variance is not transferable to another
site, and the variance is for a specific use and not a class of uses.
However, in the case where work has not been commenced and diligently
prosecuted within one year after the date granted, the variance (including
variances previously issued) shall become null and void.
