Recognizing that there may be situations where a zoning regulation
if enforced would cause unnecessary hardship to individual landowners,
the State Legislature established a mechanism to allow the Village
to issue a variance in those instances where a minor deviation would
be appropriate to alleviate such hardship without circumventing or
undermining the intent of the Village's zoning regulations. This division
describes the requirements and procedures for reviewing variance applications.
The owner of the subject property may submit an application
for a variance.
The general steps outlined below shall be used in the review
of a variance application.
A. Submittal of application materials. The applicant shall submit a
completed application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
B. Staff review. Within 30 days of submittal, the Zoning Administrator
shall either schedule a date for the public hearing with the Zoning
Board of Appeals allowing for proper public notice or make a determination
that the application is incomplete and notify the applicant of any
deficiencies. If the application is incomplete, the applicant has
three months to resubmit the application or forfeit the application
fee. The Zoning Administrator shall take no further steps to process
the application until the deficiencies are remedied. The incomplete
application shall be retained as a public record.
C. General notice. Consistent with Division 2 of Article 5, the Zoning
Administrator shall provide for Class 2 public notice, property owner
notification, agency notification, and meeting agenda notice.
D. Staff report preparation and distribution. The Zoning Administrator
shall prepare a written staff report as described in this division
and provide a copy to each member of the Zoning Board of Appeals and
the applicant. The Zoning Administrator shall also provide a copy
to interested people upon request.
E. Public hearing. Allowing for proper notice, the Zoning Board of Appeals
shall hold a public hearing consistent with Division 3 of Article
5. Prior to the close of the public hearing, the applicant or the
Zoning Board of Appeals may request a continuance consistent with
Division 3 of Article 5.
F. Decision. After the public hearing has been closed, the Zoning Board
of Appeals, after considering the comments and the staff report, shall
make a decision based on the decision criteria contained in this division
to approve the variance, approve the variance with conditions, or
deny the variance. The Zoning Board of Appeals may render its decision
at the same meeting the public hearing is conducted or at a subsequent
meeting, but no later than 40 days after the public hearing unless
the applicant agrees to an extension of a specified duration.
G. Preparation of decision notice. Based on the action of the Zoning
Board of Appeals, the Zoning Administrator shall prepare a decision
notice consistent with this division.
H. Applicant notification. Within a reasonable time following the Zoning
Board of Appeals' decision, the Zoning Administrator shall mail the
decision notice to the applicant by regular mail.
I. Acceptance by property owner required. If the Zoning Board of Appeals
grants the variance with one or more condition of approval, the property
owner shall sign the decision notice to acknowledge the imposition
of such condition or conditions and return the same to the Zoning
Administrator. The decision notice shall become effective upon the
property owner's signature.
J. Public record copy. A duplicate copy of the decision notice shall
be retained as a public record.
K. Additional procedural steps. If the Zoning Board of Appeals grants
the variance, the applicant shall then follow other review procedures
as may be required.
When making its decision, the Zoning Board of Appeals shall
make an affirmative finding for each of the following:
A. The requirement from which a variance is being sought is an unnecessary
hardship.
B. The subject property has unique physical characteristics or limitations
that prevent the property from being developed in compliance with
this chapter.
C. The granting of the variance will not be contrary to or harm the
public interest.
In approving a variance, the Zoning Board of Appeals may impose
such conditions and restrictions as may be necessary to grant approval.
The application submittal shall include an application form
as may be used by the Village and a project map prepared at an appropriate
scale depicting the information listed in Appendix A.
The staff report shall contain the following:
A. A summary of the comments received from the interdepartmental/agency
review;
B. Preliminary findings for the decision criteria listed in this division;
C. A recommendation to approve the application, approve the application
with conditions, or deny the application;
D. A preliminary list of conditions whether the staff recommendation
is for approval or denial; and
E. Other information deemed necessary.
An approved variance merely sets aside the rule or regulation
from which relief is sought. All other rules and regulations not part
of the variance decision must be followed. The variance runs with
the land.
Following a public hearing, the Zoning Board of Appeals may
revoke or modify a variance approval if it determines that information
in the application or otherwise provided by the applicant or the applicant's
agent was incomplete, false, misleading, or inaccurate and such information
would have altered its decision to approve the application or the
conditions of approval which were or were not imposed.
If the Zoning Board of Appeals denies a variance application,
the Zoning Board of Appeals will not rehear the same, or essentially
the same, application unless there has been substantial change in
the circumstances relating to the application.
If the Zoning Administrator determines that substantial work
as authorized by a variance did not commence within 12 months of the
date of approval or if substantial work did commence within 12 months
of the date of approval but has not continued in good faith to completion,
he or she shall initiate the process to terminate the approval pursuant
to Division 6 of this article. Upon written petition and with cause,
the Zoning Board of Appeals may grant a one-time extension not to
exceed six months.
An aggrieved person may appeal a final decision made pursuant
to this division by filing an appeal with a court of competent jurisdiction
within 30 days of the final decision.