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.
A. 
Dimensional variance. The following actions shall not be allowed by a dimensional variance:
(1) 
Expansion of a nonconforming use (e.g., expansion of area, increase in operational characteristics, etc.); or
(2) 
Modification to lot size density requirements so as to increase the permitted density or intensity of use.
B. 
Use variance. The Zoning Board of Appeals may not issue a use variance.
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.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
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.
A. 
Approval. If the application for a variance is approved, the decision notice shall include the following:
(1) 
A statement that the variance is approved;
(2) 
A description of the variance;
(3) 
Findings for the decision criteria listed in this division;
(4) 
Conditions of approval, if any;
(5) 
If one or more conditions of approval are imposed, a statement indicating that the property owner must sign the decision notice and return it to the Zoning Administrator to acknowledge acceptance of the same;
(6) 
A statement that the approval will automatically expire 12 months after the date of approval unless substantial work as authorized by the approval has commenced and continues in good faith to completion and that the Zoning Board of Appeals may with cause grant a one-time extension not to exceed six months;
(7) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(8) 
A statement that an aggrieved person, other than the applicant, may appeal the decision and that any work done by the applicant as authorized by the approval is done at the applicant's risk;
(9) 
Other information the Zoning Board of Appeals or Zoning Administrator deems appropriate;
(10) 
The signature of the Chairperson of the Zoning Board of Appeals; and
(11) 
The date of the decision.
B. 
Denial. If the application for a variance is denied, the decision shall include the following:
(1) 
A statement that the variance request is denied;
(2) 
A description of the proposed variance;
(3) 
Findings for the decision criteria listed in this division;
(4) 
A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration provided there is a substantial change in the circumstances relating to the application;
(5) 
A statement that the decision may be appealed as provided for in this division;
(6) 
Other information the Zoning Board of Appeals or Zoning Administrator deems appropriate;
(7) 
The signature of the Chairperson of the Zoning Board of Appeals; and
(8) 
The date of the decision.
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.