Upon application to the Village Director of Community Development, variations from the provisions of this Chapter 16 may be authorized by the Board of Trustees in accordance with the provisions of this Article 9. In applying for a variation from the provisions of this Chapter 16, the applicant shall demonstrate, in writing, that each of the following criteria is satisfied.
(B)
The grant of the requested variation will not impair the public health, safety, or general welfare and will not contravene the goals of the Comprehensive Plan nor the intent of this Chapter 16;
(C)
The grant of the variation will not adversely impact adjacent properties;
and
(D)
The situation of the applicant is not of a general or recurring nature
for similarly situated properties within the Village or within its
jurisdiction.
No variation granted pursuant to this Article 9 shall relieve the applicant from complying with every other requirement of law. Nothing provided in this Article 9 shall be construed or applied as authority of the Board of Trustees to vary any requirement of law other than the provisions of this Chapter 16.
In authorizing a variation, the Board of Trustees may impose
such conditions regarding the location, character, and other features
of the proposed subdivision or development as it may, in its sole
and absolute discretion, deem necessary in the public interest, and
may require the posting of a performance guarantee to ensure compliance
with the conditions imposed.
Applications for variations from the provisions of this Chapter 16 shall be reviewed concurrently with the related subdivision application, except as otherwise provided by the Board of Trustees on a case-by-case basis. Every such application for variation, however, shall be heard at a public meeting of the Plan Commission, which shall formulate a recommendation regarding such application for variation as part of its recommendation on the subdivision itself. Thereafter, the Board of Trustees shall consider the variation at a public meeting, but only after notice thereof is given to the applicant in writing not less than five days nor more than 30 days before such public meeting. An application for a variation shall be deemed to be a waiver by the applicant of any prescribed time limitations on the Plan Commission or Board of Trustees in their respective reviews of the subdivision application affected by the variation request.
