A.
Procedure. Variance from, or waivers of, any of the specific terms
or provisions of this chapter, other than those required by state
law, may be granted for any land division or subdivision. Such variance
or waiver can be granted by the Village Board only after approval
by the Plan Commission and only in accordance with the following procedure:
(1)
A request for a variance or waiver shall be submitted in writing
to the Village Clerk, who shall forward the request to the Plan Commission.
Variances or waivers shall be granted by the Village Board only where
there is a recommendation for approval or conditional approval of
the Plan Commission. A three-fourths affirmative vote of the entire
membership of the Plan Commission shall be required to recommend approval
or conditional approval of a variance or waiver. No variance or waiver
can be recommended unless the Plan Commission determines that the
variance or waiver would not be detrimental to the public good, would
not substantially impair the overall intent of this chapter, and would
not impede the desirable development of the Village in accordance
with an adopted Master Plan.
(2)
The Village Board shall grant a variance or waiver only after the
Board also determines that the variance or waiver, would not be detrimental
to the public good, would not substantially impair the overall intent
of this chapter, and would not impede the desirable development of
the Village in accordance with adopted Master Plan. The Village Board
may not delete or weaken conditions of approval attached by the Plan
Commission but the Board may add further conditions or strengthen
existing conditions as it deems necessary. The reasons justifying
the variance or waiver, and any conditions thereon, shall be specifically
entered in the minutes of the Village Board or other written document.
(A three-fourths affirmative vote of the entire membership of the
Village Board is required to grant a variance or waiver under this
section.)
B.
Procedure prevails. This procedure applies to all waivers or variance
requests under this chapter whether or not specifically noted and
notwithstanding general waiver language.
C.
No appeal. The decision of the Plan Commission to deny a variance
or waiver request is not appealable to the Village Board, it being
the intent of this chapter to require that both the Plan Commission
and Village Board approve the variance or waiver request before it
is granted.
If a variance or waiver is granted for one or more provisions
of this chapter, the land division or subdivision remains subject
to all other applicable provisions of this chapter and related ordinances.
