A.

An application for a variation from any requirement from this zoning ordinance, as to any particular property or parcel of land, shall be filed with the Zoning Administrator in such form and accompanied by such information as required by this title. The application shall be accompanied by a fee established in accordance with Chapter 16.56 of this title.

B.

The Zoning Administrator shall forthwith transmit such application and information to the Planning and Zoning Commission which shall schedule a public hearing on each application for a variance at such time and place as shall be established by the Planning and Zoning Commission. Notice of time and place of hearing shall be published in a newspaper of general circulation in the Village, not more than 30 nor less than15 days prior to such hearing, and any special notice to the owners of nearby properties or other special notice provided by statute or by the rules of the Planning and Zoning Commission, shall be given in writing. The hearing shall be preserved in such manner as the Planning and Zoning Commission shall prescribe.

C.

Within 30 days after close of a hearing on a proposed variation, the Planning and Zoning Commission shall make written findings of fact and shall submit the same, together with recommendations, to the village board for the village board's final action on the application for variation, with the exception of the three variations authorized to be determined with finality by the Planning and Zoning Commission, as made and provided in Section 2.52.040, for:

1.

Yard regulation variations;

2.

Vehicle parking variations; and

3.

Variations on sign and fence regulations, concerning which the determination of the Planning and Zoning Commission is ordained to be final.

D.

Applications for variations, other than those provided to be acted upon with finality by the Planning and Zoning Commission, shall be determined by the village board, on the basis of the report, written findings of fact and written recommendations of the Planning and Zoning Commission, without further hearing or presentation of evidence.

(Prior code § 5-39)

(Ord. No. 09-14, § 11, 4-7-2009)