To provide relief from any zone regulation (other than regulations pertaining to permitted uses and special uses) in cases where, because the physical surrounding, shape, topography, or natural condition of the specific property involved, a practical difficulty or particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

To provide relief from any zone regulations (other than those pertaining to permitted use or special use) for preserving some natural or historically significant feature which the Board of Trustees deems an asset to the surrounding neighborhood.

To provide relief from any zone regulation (other than those pertaining to permitted use or special use) to allow the construction of a building on an undersized lot, subject to the terms of the variance.

To provide the extension, expansion, or repair of an isolated nonconforming use or building when after a public hearing the Board of Trustees finds such use has performed a necessary service to the public in its present location and has not or will not cause any particular harm to surrounding properties, subject to the terms of the variance.

The granting of the variance will not substantially impair the implementation of the Village Comprehensive Land Use Plan or disrupt orderly growth of the Village.

The conditions upon which a petition for a variance are based are unique to the property for which the variance is sought and are not applicable generally to other property within the same zoning classification.

The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property.

The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values with the neighborhood.

Any person desiring that the Board of Trustees determine and vary the application of this chapter shall file a petition requesting such action with said Board of Trustees by depositing the same with the Zoning and Hearing Officer, along with such accompanying maps, plats, data, statements, and supplementary information as shall be either necessary or desirable, and a receipt showing payment to the Village Treasurer of a filing fee as set from time to time by the Board of Trustees (petitioner may contact the Village Clerk for the most recent fee schedule).

The Zoning and Hearing Officer shall immediately upon receipt thereof refer said petition and accompanying material to the Commission for hearing and report as set out below.

Said petition shall set out with brevity and clarity the particular location for which the variance is requested, the specific result to be accomplished thereby, and the reason or reasons the same is sought and the facts and circumstances justifying the action requested.

As soon as may be convenient after the receipt of said petition and accompanying matters from the Zoning and Hearing Officer, the Commission shall hold a public hearing upon said petition, notice of which shall be given as provided in § 40-2-12, which said notice shall set out:

The costs or charges of the publication notice by this section required shall be paid by the petitioner or applicant.

Hearings shall be held at such place, available to the public, as shall be designated by the Chair of the Commission and shall be conducted by the Chair or a member of said Commission designated by the Chair. Any person may appear thereat in person, by agent or by attorney. All evidence heard shall be under oath and a transcript made thereof. No member of the Commission shall vote upon the action of said Commission unless he shall have personally inspected the location in question subsequent to the filing of the petition herein mentioned and, before the vote regarding the same is taken, the fact of such inspection to be specifically recorded in the minutes of such hearing.

Within 30 days after final adjournment of such hearing, the Commission shall transmit said petition and accompanying matters, along with a complete transcript of the evidence taken at said hearing and its recommendations and findings, to the Board of Trustees, all of which may be accompanied by a statement of said Commission setting forth its reasons for such recommendations.

The Board of Trustees may by ordinance without further public hearing adopt or reject any proposed variance, or may refer it back to the Commission for further consideration and report, notwithstanding the decision previously rendered by the Commission, but no further public hearing before the Board of Trustees regarding a proposed variance shall be permitted except upon motion to permit such hearing passed by the favorable vote of not less than three-fourths of all members of the Board of Trustees, and any variance which has failed to receive approval of the Commission shall not be passed by the Board of Trustees except by favorable vote of not less than three-fourths of all the members of said Board of Trustees. Every ordinance adopted by the Board of Trustees which permits a variance shall set out findings of fact specifying the reason for making such variance.