The Planning and Zoning Commission shall hear appeals from and review any order, requirement, decision or determination made by the Zoning Administrator. An appeal to the Board may be taken by any person aggrieved or by any officer, department or board/commission of the Village. Such appeal shall be taken by filing with the officer from whom the appeal is taken a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the Planning and Zoning Commission. The officer shall forthwith transmit to the Planning and Zoning Commission all of the papers constituting the record upon which the action appealed was taken. The Planning and Zoning Commission shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. At the hearing, parties in interest may appear in person or by agency or attorney.

(Ord. No. 2014-43, § 36, 6-16-2014)

The Planning and Zoning Commission, after a public hearing, may determine and vary the regulations of this Title in harmony with the general purpose and intent of this Title so that such variances, which may be granted, will not be contrary to the public interest. Furthermore, such variations may be authorized only in those specific instances enumerated in Section 17.52.040 and then only after the Planning and Zoning Commission has made findings of fact based upon the criteria for variations set forth in Section 17.52.070.

(Ord. No. 2014-43, § 36, 6-16-2014)

A.

An application for a variation of the regulations of this Title may be made by a property owner or his/her agent to the Planning and Zoning Commission. Such application shall be made in writing, stating the variation requested, the location of the property for which the variation is requested, name of the property owner, and cause/reason for the requested variation.

B.

At the time of filing an application for variation, the applicant shall comply with all Public Hearing requirements as specified in Chapter 17.64 except this requirement shall not apply to Section 17.52.060.

(Ord. No. 2014-43, § 36, 6-16-2014)

A.

The Planning and Zoning Commission may grant variations in accordance with the criteria for variation set forth in Section 17.52.070 only in the following instances:

1.

To permit in the R-E through R-9 zoning districts a front yard, a side yard, a rear yard, or the distance between a principal building and an accessory building less than that required by this Title, but such variation shall not exceed thirty-three percent of the depth of the required front yard or the depth of the required rear yard, or the width of a required side yard, or the required distance between a principal building and an accessory building.

2.

To permit in the R-E through R-9 zoning districts the use of a lot less in area by not more than ten percent of the required lot area.

3.

To permit in the R-E through R-9 zoning districts the use of a lot less in width by not more than fifteen percent of the required lot width.

4.

To permit in the B-1 through B-4 zoning districts a front yard, a side yard, a rear yard, buffer zone or setback less than that required by this Title, but such variation shall not exceed twenty percent of the depth of the required front yard, or the depth of the required rear yard, or the width of the required side yard or the distance required for the setback or buffer zone.

5.

To permit up to one additional curb crossing or connection of a driveway to the roadway per lot in one-family residential districts as regulated in Section 17.36.020(B).

6.

To permit variations to the provisions of Chapter 17.32 regarding accessory buildings and structures, consistent with Subsection (A)(1).

7.

To permit variations of any portion of Subsections 17.36.030.H.3 and H.4, regarding parking regulations.

(Ord. No. 2014-43, § 36, 6-16-2014; Ord. No. 2018-007, § 4, 2-26-2018)

A.

The Corporate Authorities, after a public hearing is held and a finding of fact is submitted by the Planning and Zoning Commission, may by ordinance determine and vary the application of any of the regulations of this Title in harmony with the general purpose and intent of such regulations.

B.

Within thirty days after the last public hearing or meeting held on any matter requiring variation by ordinance, the recommendation of the Planning and Zoning Commission shall be forwarded to the Corporate Authorities.

C.

Whenever a variation under this section is to be made by ordinance, upon receipt of the report of the Planning and Zoning Commission, the Corporate Authorities, without further public hearing, may grant, deny or modify any proposed variation or may refer it back to the Planning and Zoning Commission for further consideration.

D.

When any variation is requested for a parcel of land simultaneously with the annexation of such parcel, either normally authorized by the Planning and Zoning Commission or the Corporate Authorities, the public hearing and notification required for such annexation shall serve as the public hearing and notification for the requested variation.

(Ord. No. 2014-43, § 36, 6-16-2014)

A.

The Zoning Administrator may authorize variations for building setback requirements, not to exceed twelve inches. This authority shall only be exercised, if at all, as to buildings or portions thereof which have been constructed or are under construction.

B.

The Zoning Administrator shall not vary the regulations of this Title unless he/she shall make findings of fact based upon evidence presented in any given case that the criteria for variation as described in Section 17.52.070(A) can be met.

(Ord. No. 2014-43, § 36, 6-16-2014)

A.

The regulations of this Title shall not be varied unless findings of fact are made based upon evidence presented at the hearing that:

1.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located except in the case of residential zoning districts;

2.

The plight of the owner is due to unique circumstances;

3.

The proposed variation will not alter the essential character of the neighborhood.

B.

Conditions and restrictions may be imposed upon the subject property, the location, the construction, design and use of the property benefited by such a variation as may be necessary or appropriate to comply with the foregoing criteria and to protect adjacent property and property values.

(Ord. No. 2014-43, § 36, 6-16-2014)

A.

Except as set forth in Subsection (B), no variance shall be valid for a period longer than six months unless a building permit for the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

B.

The Zoning Administrator may authorize an additional six-month time period for a variance if the plight of the owner is due to unique circumstances beyond the owner's control and if the extension is approved by the Village Manager and/or his/her designee.

(Ord. No. 2014-43, § 36, 6-16-2014)

If any property owner(s) notified pursuant to Section 17.64.030 or any other property owner(s) residing within the Village who appeared and objected at the public hearing, including the applicant, has an objection to any final action taken by the Planning and Zoning Commission, as outlined in Section 17.52.040, the property owner(s) may file a written objection petition within fifteen calendar days of final action of the Planning and Zoning Commission with the Zoning Administrator. The objections shall be set for a hearing before the Corporate Authorities as it shall select, and then ten days written notice shall be given the objector. The Corporate Authorities may approve, overrule or modify the decision of the Planning and Zoning Commission. However, no final decision of the Planning and Zoning Commission may be overruled or modified unless it receives a vote of the majority of the Corporate Authorities.

(Ord. No. 2014-43, § 36, 6-16-2014; Ord. No. 2016-006, § 1, 2-22-2016)