No variation shall be granted except in a specific
case and after a public hearing before the Commission and the Commission
finds:
(A) The granting of the variance will not substantially
impair the implementation of the Comprehensive Plan, or disrupt orderly
growth of the Village.
(B) The conditions upon which a petition for a variance
are based are unique to the property for which the variance is sought
and are not applicable, generally to other property within the same
zoning classification.
(C) The alleged difficulty or hardship is caused by this
Code, and has not been created by any persons presently having an
interest in the property.
(D) The proposed variation will not impair an adequate
supply of light and air to adjacent property, or substantially increase
the congestion of the public streets, or increase the danger of fire,
or endanger the public safety, or substantially diminish or impair
property values with the neighborhood.
The Commission may recommend the imposition
of such conditions and restrictions upon the premises benefited by
a variation as may be necessary to comply with the Village's Comprehensive
Plan to reduce or minimize the effect of such variation upon other
properties in the neighborhood, and to better carry out the general
intent of this Board.
The Board, however, is limited to granting a
variance only to the degree necessary to remove the hardship. The
Board shall not grant any use variation except in cases of nonconforming
structures, buildings, and uses of land.