A.
Purpose. This article affords property owners a process by which
variations from certain provisions of this chapter may be considered
in order to prevent unnecessary and undue hardship that may be caused
by the literal enforcement of the provisions of this chapter.
C.
Under the provisions of this chapter, said applications shall be
separated and classified as either a minor or major variance according
to the degree of noncompliance said variance will produce in relation
to the amount required for full compliance with the applicable provisions
of this chapter.
(1)
Minor variance. Applications seeking relief from specific provisions
of this chapter, which will produce an increase or decrease in the
degree of compliance by not more than 25% of the amount required for
full compliance, shall be classified as a minor variance.
(2)
Major variance. All applications seeking relief from specific provisions
of this chapter, which will produce an increase or decrease in the
degree of compliance by more than 25% of the amount required for full
compliance, shall be classified as a major variance.
D.
Conditions. In granting any variation, the Zoning Administrator may
prescribe appropriate conditions as are deemed appropriate or necessary
for the reasonable protection of the public health, safety, and welfare
and to carry out the purposes of this chapter. Violations of such
conditions shall be deemed a violation of this chapter.
An application for a minor variance shall be in accordance with
the following procedures.
A.
Prior to the preparation of a formal application, the applicant or
his agent shall meet with the Zoning Administrator to discuss the
situation, learn the procedures, obtain an application form, and present
any preliminary information.
B.
The applicant or his agent shall complete the application and shall
prepare a site plan and other supporting materials to describe:
(1)
Location of the property; and
(2)
Classification of variations. In order to ensure efficient consideration
of all applications for variances:
(a)
Actual dimensions of the lot;
(b)
Location of the building or structure to be erected, converted,
enlarged, or structurally altered and distance from the building or
structure to each lot line; and
(c)
Other such information as may be necessary to determine and
provide for the enforcement of this chapter.
C.
The applicant or his agent shall file the completed application form
together with the required site plan with the Zoning Administrator
and shall pay a filing fee according to the fee schedule in this chapter.
D.
The Zoning Administrator shall review the application and other related
evidence, and then prepare findings and make a final determination
on the application in accordance with this article within 20 days
of the filing of an application.
An application for a major variance shall be in accordance with
the following procedures:
A.
Prior to the preparation of a formal application, the applicant or
his agent shall meet with the Zoning Administrator to discuss the
situation, learn the procedures, obtain an application form, and present
any preliminary information.
B.
The applicant or his agent shall complete the application and shall
prepare a site plan and other supporting materials to describe:
(1)
Location of the property;
(2)
Actual dimensions of the lot;
(3)
Location of the building or structure to be erected, converted, enlarged,
or structurally altered and distance from the building or structure
to each lot line; and
(4)
Other such information as may be necessary to determine and provide
for the enforcement of this chapter.
C.
The applicant or his agent shall file the completed application form
together with the required site plan with the Zoning Administrator
and shall pay a filing fee according to the fee schedule in this chapter.
D.
The Zoning Administrator shall schedule the application for a public
hearing before the Board within 10 days of the receipt of an application.
E.
The applicant shall have notice of the public hearing published in
a local newspaper of general circulation at least 15 days but not
more than 30 days prior to the public hearing.
F.
The Board shall hold the public hearing and shall consider the application
and other evidence to determine possible adverse effects of the proposed
variation.
G.
In reviewing the variance application and the other evidence presented,
the Board shall consider the following criteria. Any request for a
variation shall be found to be consistent with the following criteria:
(1)
The request is not the result of a situation or condition that was
knowingly or deliberately created by the applicant;
(2)
The variation will not adversely affect adjacent properties;
(3)
The variation is consistent with applicable provisions of the Village
Comprehensive Plan; or
(4)
The variation conforms to the purpose and intent of this chapter.
H.
The Board shall review the application and other related evidence,
and then prepare findings and decide on the application in accordance
with this article within 20 days of the close of the public hearing.
I.
All decisions of the Board on major variances shall be subject to
the following:
(1)
Any decision of the Board concerning a major variance request shall
be considered a provisional decision for a period of 15 days. During
the fifteen-day provisional period, the variance applicant or any
member of the Village Board may file in writing with the Village Clerk
an appeal for a stay of the decision. Upon receipt of such an appeal,
the Village Clerk shall forward a notice of such appeal to the applicant
and the Mayor. The provisional decision shall then be forwarded to
the next regularly scheduled Village Board meeting and be deemed a
recommendation on the variation requested. At that Board meeting,
the Village Board shall conduct a de novo hearing and hear arguments
by the parties. Parties shall include: (1) the applicant; (2) any
other interested person filing a written entry of appearance. The
Village Board shall, in the exercise of its legislative authority,
then render a final decision on the variance request. The Village
Board shall render its final decision within 30 days of the filing
of the notice of appeal. Such time period may be extended by agreement
with the applicant.
(2)
In the event the applicant or a Village Board member does not file
an appeal for a stay of the provisional decision as provided above,
the provisional decision shall become a final decision of the Board
on the 16th day following the initial decision.
(3)
All final decisions of the Village Board on major variations shall
be subject to judicial review in accordance with applicable law.
A.
Findings of fact. Before deciding on an application for variation,
the decision maker shall develop findings of fact based upon the evidence
presented in the hearing. These findings should detail the degree
to which the applicant has established that the variation is necessary
and should assist in clarifying any conditions or restrictions recommended
as a result of this review process. The approval of a variation shall
not be made unless the evidence presented is such to establish all
the following:
(1)
That there are special circumstances or practical difficulties that
exist that have created an undue hardship that is applicable only
to the property involved;
(2)
That the undue hardship was not created by the action or inaction
of the applicant, owner of the property or any previous property owner;
(3)
That the applicant cannot derive a reasonable use of the property
without the variance;
(4)
That the literal interpretations of the provisions of this chapter
would deprive the applicant of rights commonly enjoyed by other properties
in the same zoning district; and
(5)
That the proposed variance represents the minimum necessary to make
possible the reasonable use of the lot or structures.
B.
Final determination. Once the findings are made, the Village Board
shall then make a final determination on the variance application
to approve, conditionally approve, or deny the application. The Zoning
Administrator shall immediately notify the applicant of the decision
and the findings and final determination shall be filed in the office
of the Zoning Administrator.
