Article VI Variations

§ 290-38 General provisions.

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.

Applicability. Variances may be granted with respect only to the following provisions of this chapter:

(1)

Supplementary use regulations;

(2)

Parking space requirements in, loading and landscaping requirements;

(3)

Sign height and area requirements; or

(4)

Of up to a 50% variation.

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.

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.

§ 290-39 Procedures for minor variances.

An application for a minor variance shall be in accordance with the following procedures.

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.

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.

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.

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.

§ 290-40 Procedures for major variances.

An application for a major variance shall be in accordance with the following procedures:

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.

The Zoning Administrator shall schedule the application for a public hearing before the Board within 10 days of the receipt of an application.

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.

The Board shall hold the public hearing and shall consider the application and other evidence to determine possible adverse effects of the proposed variation.

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.

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.

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.

§ 290-41 Findings and determination.

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.

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.