A variance is a relaxation of the requirements of this Chapter that are applicable to a particular lot, structure, or use. A so-called "use variance" (which would allow a use that is neither permitted nor special in the district in question) is not a variance, it is an amendment, and may be granted only as provided for in Section 40-23-1.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-5)

(A)

Every application for a variance shall be filed with the Zoning Administrator on a prescribed form. Every variance application shall also be filed with the Soil and Water Conservation District as per state law. The Zoning Administrator shall promptly transmit said application, together with any device they might wish to offer, to the Combined Planning and Zoning Board.

(B)

The application shall contain sufficient information to allow the Combined Planning and Zoning Board to make an informed decision and shall include, at a minimum, the following:

(1)

Name and address of the applicant;

(2)

Location of the structure/use for which the variance is sought;

(3)

Brief description of adjacent lots, structures, and/or uses;

(4)

Brief description of the problems/circumstances engendering the variance request;

(5)

Brief, but specific, statement, explanation of the desired variance;

(6)

Specific section(s) of this Chapter containing the regulations which, if strictly applied, would cause a serious problem;

(7)

To scale drawing of said variance propose property;

(8)

Surveyed plat with located property corners;

(9)

Variance request staked out prior to placing structure on said property; and

(10)

Any other pertinent information that the Zoning Administrator may require.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (70 ILCS 405/22.02a.)

(A)

The Combined Planning and Zoning Board shall hold a public hearing on each variance request not later than 60 days after the variance application is submitted to them. At the hearing any interested party may appear and testify either in person or by duly authorized agent or attorney.

(B)

Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By certified mail to the applicant and by first class mail to all parties whose property is within 250 feet of the property affected by the proposed variance; and

(2)

By publication in a newspaper of general circulation within the Village.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-6)

(A)

The Combined Planning and Zoning Board shall not grant any variance unless, based upon the evidence presented to them in each specific case, they determine that:

(1)

The proposed variance is consistent with the general purposes of this Chapter (See Section 40-1-2);

(2)

Strict application of the district requirements would result in great practical difficulties or hardship to the applicant and prevent a reasonable return on the property;

(3)

The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship and allow a reasonable return on the property;

(4)

The plight of the applicant is due to peculiar circumstances not of their own making;

(5)

The peculiar circumstances engendering the variance request are not applicable to another property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and

(6)

The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of this Village's comprehensive plan.

(B)

The Combined Planning and Zoning Board may impose such conditions and restrictions upon the location, construction, design, and use of the property benefitted by a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-5)

The Combined Planning and Zoning Board shall decide on every variance request within a reasonable time after the public hearing. In accordance with state law (65 ILCS 5/11-13-11), the Combined Planning and Zoning Board shall specify the terms of relief recommended, if any, in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the Combined Planning and Zoning Board's reasons for the granting or denying the requested variance.

(Ord. No. 1712, § 2, 2-16-21)