A.   Submittal To The Village Codes Enforcement Officer: Applications for all home occupation permits, cottage industries, conditional use permits, temporary use permits, zone changes, initial zoning and variances shall be submitted to the village codes enforcement officer.

   B.   Proof Of Right To Make Application: All applicants shall be required to submit evidence of legal authority to submit an application. All applications must be complete before they may be accepted by the codes enforcement officer. Applications will be accepted only from the owners or lessees of the subject property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this title, or the agents of such persons who may make applications in the name of such owners, lessees or contract vendors. The fee owner of the subject property must sign the application.

   C.   Late Applications Not Accepted: All applications received three (3) days prior to a regularly scheduled meeting of the planning and zoning commission will be accepted for review for that meeting. Applications submitted after this deadline will be processed and reviewed along with the following month's submittals.

   D.   Incomplete Applications Not Accepted: Incomplete applications will not be accepted.

   E.   Fee Required: All applications for the following must be accompanied by the appropriate fee:

      1.   Home occupation permit, ten dollars ($10.00);

      2.   Cottage industries permit, twenty five dollars ($25.00);

      3.   Conditional use permit, fifty dollars ($50.00);

      4.   Temporary use permit, fifty dollars ($50.00);

      5.   Zone changes, one hundred dollars ($100.00);

      6.   Initial zoning, one hundred dollars ($100.00);

      7.   Variance permit, one hundred dollars ($100.00);

      8.   Sign variance permit, twenty five dollars ($25.00).

   F.   Official Permits: The village clerk of the village of Hatch shall issue an official permit to the applicant of all approved permits or zone changes. The village clerk shall also notify, in writing, any applicant whose permit or zone change request was denied. (Ord. 356, 2009: Ord. 282, 1996: Ord. 256 art. II § 1, 1993)

   A.   What Types Of Applications Require Hearing: A public hearing is required for all requests for zone changes, conditional use permits, variances, and initial zoning requests and temporary use permits.

   B.   Who Is Notified, And How: Notice of the agenda of all public hearings held by the village to review or act on such a request shall be published in a newspaper of general circulation in the Hatch area at least ten (10) days prior to the hearing. Additionally, notice of public hearings for zone changes, initial zoning, conditional use permits or variances held by the village to review or act on such a request, whenever a change in zoning is proposed for an area of one block or less, shall be sent by certified mail to all property owners who own property within one hundred feet (100') of the property to be affected by the proposed action, as shown by the records of the Dona Ana County clerk. (Ord. 283, 1996: Ord. 256 art. II § 2, 1993)

   A.   Duties Of The Codes Enforcement Officer:

      1.   All applications shall be received by the village codes enforcement officer. The codes enforcement officer will check all applications to ensure completeness before accepting them.

      2.   Applications for home occupation permits shall be approved, denied or revoked by the codes enforcement officer, who shall submit a monthly report of all such approvals or denials to the planning and zoning commission and to the governing body.

      3.   Applications for cottage industries, conditional use permits, and temporary use permits located in the C-1 and M-1 zoning districts, shall be reviewed by the codes enforcement officer to determine if they meet the requirements of the zoning ordinance and to determine if they should be approved, approved with conditions, or denied. The codes enforcement officer shall write a report and recommendation which will be presented to the planning and zoning commission along with a copy of the application and all correspondence or other documentation submitted in support or opposition of the application.

      4.   Applications for zone changes, initial zoning and variances, along with all correspondence or other documentation submitted in support or opposition of an application, shall be forwarded by the codes enforcement officer to the village planning and zoning commission for its determination as to the compliance or noncompliance of the application with the regulations of the village.

      5.   The codes enforcement officer may prepare amendments to the land use regulations of the village, but shall submit any such proposed amendments to the planning and zoning commission in a written report.

      6.   The codes enforcement officer shall, under general supervision, perform the following services: zoning ordinance enforcement, building code enforcement and business license enforcement;

      7.   Seek compliance, issue warnings and assist in providing information for citations relating to codes enforcement;

      8.   Prepare written reports on violations of the village's zoning, building and business license codes;

      9.   Provide detailed investigations on activities which are in violation of the municipal codes;

      10.   Meet with members of the public to describe code enforcement programs;

      11.   Contact violators of ordinances to seek compliance with regulations;

      12.   Testify in court, if necessary, as a result of code enforcement investigations;

      13.   Assist the Hatch police department in the issuance of citations to violators of the municipal code.

      14.   The codes enforcement officer shall enforce this title.

   B.   Duties Of The Planning And Zoning Commission:

      1.   The planning and zoning commission shall review and may, in a public hearing, approve, approve with conditions, deny applications for all cottage industries, conditional use permits, and temporary use permits in the C-1 and M-1 zoning districts, and may revoke such permits if the terms of approval of said permits are not met.

      2.   The planning and zoning commission shall review applications for zone changes, initial zoning and variances, and shall submit its recommendation for approval, approval with conditions, or denial on those cases to the governing body.

      3.   The planning and zoning commission shall review any amendments to the land use regulations of the village which are submitted to it, and, after a majority vote of its membership, shall submit the proposed amendment and its written recommendations to the governing body for the governing body's consideration. The commission may develop amendments to the village zoning code and other land use documents and, following a majority vote of its membership, shall submit the proposed amendment and its written recommendations to the governing body for their consideration.

      4.   The planning and zoning commission shall serve as a board of appeals to decisions involving home occupation permits and cottage industries made by the codes enforcement officer.

      5.   The planning and zoning commission shall provide written minutes, with recommendations as necessary, to the governing body on all matters that are brought before the commission.

   C.   Duties Of The Governing Body:

      1.   The governing body shall review and approve, approve with conditions, or deny applications for zone changes, initial zoning and variances.

      2.   The governing body shall serve as a board of appeals in cases when a decision by the planning and zoning commission is appealed.

      3.   The governing body shall vote on all proposed amendments to the land use regulations of the village. (Ord. 323, 2003: Ord. 256 art. II § 3, 1993)

   A.   The codes enforcement officer shall hold the following standards:

      1.   Any combination of education, experience and licenses equivalent to the completion of high school, as well as a valid New Mexico driver's license and a good driving record.

      2.   The ability to interpret regulations regarding zoning, building and the municipal code. The ability to deal with the public in a calm and reasonable manner. The ability to use good judgment and discretion. The ability to prepare written and oral reports promptly and accurately.

      3.   Knowledge in the basic elements of planning and zoning administration and the use of related ordinances as well as the knowledge of general building construction methods. (Ord. 323, 2003)

   A.   Progression Of Appeals:

      1.   Any decision or ruling on the contents of this title by the village codes enforcement officer may be appealed to the village planning and zoning commission by any person aggrieved by the decision or ruling.

      2.   Orders or decisions of the planning and zoning commission may be appealed to the governing body by any person aggrieved by the order or ruling.

      3.   Any person aggrieved by a decision of the governing body may present to the district court a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. An appeal to a decision by the governing body must be submitted to the district court within thirty (30) days of the date of the decision.

   B.   Village Filing Deadlines: An appeal to a decision by the village codes enforcement officer or by the village planning and zoning commission must be filed with the village clerk no later than ten (10) working days after the date of the decision. An appeal is considered filed when it and the required appeal fee are delivered to and accepted by the village clerk. The date and time of filing shall be entered on the appeal by the village clerk.

      1.   Appeal fee: Two hundred fifty dollars ($250.00).

   C.   Nature Of Appeals Specified: An appeal must be in writing, and must state the exact nature of the appeal and specific reasons for it, including the section of this title which is proposed as having been violated in the decisions being appealed.

   D.   Administration Of Appeals: Within ten (10) days of receiving the notice of appeal, the village clerk shall inform the planning and zoning commission or the governing body that an appeal has been filed. The planning and zoning commission or the governing body shall set the appeal for hearing at the next legally permissible meeting. One week prior to the meeting at which the appeal will be heard, the village clerk shall transmit the appeal and all documents constituting the record relating to the action being appealed to the planning and zoning commission, or the governing body. Upon hearing the appeal the planning and zoning commission or the governing body may affirm or reverse (in part or in whole), or may modify the order, requirement or decision or determination that in its opinion ought to be made in the case before it.

   E.   Required Findings For Approving Appeals: Prior to deciding an appeal and reversing a ruling by the codes enforcement officer, the planning and zoning commission must determine and make findings that the codes enforcement officer's decision was illegal, in whole or in part. The governing body must determine and make findings that the planning and zoning commission's decision was illegal, in whole or in part prior to deciding an appeal and reversing a ruling by the planning and zoning commission.

   F.   Public Notice Of Appeals: The village clerk shall mail a notice of the time, place and purpose of the appeal hearing to the applicant, and shall fulfill the notification requirements set forth in section 17.08.020 of this chapter.

   G.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed unless the codes enforcement officer or planning and zoning commission certifies that by reasons therein stated, a stay would cause imminent peril of life and property. Upon certification, the proceedings shall not be stayed except by order of a district court. (Ord. 285 § 4, 1997; Ord. 256 art. II § 4, 1993)

In recognition of the importance of small businesses in the village's economy, the home occupation permit section allows the operation of small, individually owned businesses in residential districts under the following conditions:

   A.   Evaluation Criteria: A home occupation permit is the minimum approval required for the conduct of trade, services or manufacturing within a dwelling unit in a residential zone. The applicant must submit a completed application stipulating the following conditions, which the codes enforcement officer shall use as the criteria for approving or denying home occupation permit applications.

      1.   No exterior storage of stock in trade or materials used in the conduct of the home occupation shall be permitted.

      2.   There shall be no external (outside) evidence of the business activity such as noise, dust, odors, fumes, electrical interference or other nuisances emitted from the home occupation.

      3.   Only members of the family residing in the dwelling unit for which this home occupation is granted may be engaged in the home occupation.

      4.   There shall be no sale of goods or performance of services done which affect the residential nature of the neighborhood as a result of the home occupation.

      5.   The establishment and conduct of a home occupation shall not change the principal residential character or use of the dwelling unit involved in the home occupation, and shall not occupy more than twenty five percent (25%) of the floor area of the home.

      6.   Required off street parking of the dwelling unit shall not be reduced or expanded as a result of the home occupation.

      7.   The home occupation shall not create any vehicular traffic at the dwelling or in the neighborhood in excess of that normally generated by the residential use of that dwelling.

      8.   No more than one pickup truck, automobile or van bearing commercial lettering or other evidence of its use as part of a commercial enterprise may be kept on the site of the home occupation.

      9.   Except for the one permitted automobile, pickup truck or van bearing commercial lettering, there shall be no change of the outside appearance of the residential building or premises or any other visible evidence of the conduct of a home occupation within the dwelling.

      10.   A sign not larger than six (6) square feet located within ten feet (10') of the dwelling unit front wall indicating the home occupation shall be allowed.

   B.   Revocation Of Home Occupation Permits: Failure of the applicant to abide with the terms of the home occupation permit shall be cause for immediate revocation of the permit.

   C.   Additional Permits Required: Approval of a home occupation permit does not relieve the applicant from responsibility, to obtain all other federal, state or local permits required for the type of business. Approval of a home occupation permit specifically includes the requirement that the applicant must obtain a village business registration.

   D.   Nontransferability: Home occupation permits may not be transferred from location to location. Prior to moving a home occupation, the owner or agent of the business must apply for and receive a new permit for the proposed new location. (Ord. 282, 1996; Ord. 256 art. II § 5, 1993)

In addition to the criteria shown for conditional use permits in section 17.08.070 of this chapter, the applicant must provide and the codes enforcement officer shall use the following criteria when determining approval or denial of cottage industry applications:

   A.   Proof Of Right:

      1.   Legal description of the property;

      2.   Proof of ownership, or when the applicant is not the owner of the property, proof of legal right to apply for the permit.

   B.   Support Documentation:

      1.   A site and development plan consisting of a scaled drawing or map of the property showing the location of existing and proposed streets, driveways, parking and loading sites, pedestrian walks, structures, drainage improvements, landscaped areas, utility easements and setbacks;

      2.   A traffic impact analysis describing potential traffic flows (average daily traffic) and the impact of that traffic on the transportation system;

      3.   An evaluation of the existing infrastructures' capacities to serve the use's needs for potable water, liquid waste disposal, and solid waste disposal;

      4.   The impacts of the proposed use on surrounding properties and compliance of the proposed use with this title and with the official zoning map of the village.

   C.   General Conditions:

      1.   The business activity shall be conducted within an enclosed building;

      2.   Cottage industries shall comply with all village building and fire codes;

      3.   Hours of operation are limited to seven o'clock (7:00) A.M. to seven thirty o'clock (7:30) P.M.;

      4.   The principal residence of the owner/proprietor shall be located on the same lot or parcel as the cottage industry;

      5.   The cottage industry shall employ no more than two (2) employees on site in addition to the residents of the property, and in no case shall the total number of employees exceed four (4), including the residents of the property;

      6.   One on premises sign is permitted. The sign may not exceed six (6) square feet. Signs located on the ground must meet all setbacks applicable to the zoning district within which the cottage industry is located. Wall mounted signs may not be placed so that the top edge of the sign is higher than eight feet (8') from ground level. All signs must contain a street address number. Garishly painted signs, lighted signs and signs with reflecting surfaces are prohibited;

      7.   Outside storage of materials is limited to three hundred seventy five (375) square feet and any such materials stored outside shall be screened from view by an opaque fence or wall at least six feet (6') tall. Materials may not be stacked higher than the fence height;

      8.   The cottage industry shall not generate traffic, dust, noise, odors or other nuisances or safety hazards that affect the residential character of the neighborhood;

      9.   Cottage industries shall provide off street parking facilities in accordance with the commercial zone parking standards of this regulation;

      10.   No more than one pickup truck, automobile or van bearing commercial lettering or other evidence of its use as part of a commercial enterprise may be kept on the site of the cottage industry;

      11.   Except for the one permitted pickup truck, automobile or van bearing commercial lettering, there shall be no change of the outside appearance of the residential building or premises or any other visible evidence of the conduct of a cottage industry;

      12.   Cottage industries shall comply with all applicable local, state and federal laws and regulations. All necessary permits must be obtained by the applicant before a cottage industry permit becomes effective. Approval of a cottage industry permit specifically includes the requirement that the applicant must obtain a village business registration;

      13.   A site plan for the cottage industry must be approved by the codes enforcement officer.

   D.   Revocation Of Cottage Industry Permits: Failure of the applicant to abide with the terms of the cottage industry shall be cause for immediate revocation of the permit.

   E.   Uses Permitted As Cottage Industries: The following land uses are permitted as cottage industries:

Arts and crafts studios;

Bicycle repair and service shops;

Child and adult care, nurseries and similar uses, excluding hospices;

Dressmaking and tailor shops;

Musical instrument repair and fabrication shops;

Professional services such as accountants, appraisers, attorneys, engineers, surveyors, interior decorators, real estate services, data processing, typing and similar services.

Small skilled trade shops;

   F.   Nontransferability: Cottage industries may not be transferred from location to location. Prior to moving a cottage industry, the owner or agent of the business must apply for a new permit for the proposed new location. (Ord. 256 art. II § 6, 1993)

The applicant must submit and the planning and zoning commission shall use the following criteria when determining approval or nonapproval of conditional use permits:

   A.   Proof Of Right:

      1.   Legal description of the property;

      2.   Proof of ownership, or when the applicant is not the owner of the property, proof of legal right to apply for the permit.

   B.   Support Documentation: The following items must be submitted along with the completed conditional use permit application:

      1.   A site and development plan consisting of a scaled drawing or map of the property showing the location of existing and proposed streets, driveways, parking and loading sites, pedestrian walks, structures, drainage improvements, landscaped areas, utility easements and setbacks;

      2.   A traffic impact analysis describing potential traffic flows (average daily traffic) and the impact of that traffic on the transportation system;

      3.   An evaluation of the existing infrastructures' capacities to serve the use's needs for potable water, liquid waste disposal, and solid waste disposal;

      4.   The impact of the proposed use on surrounding properties including the compatibility of the proposed use with the comprehensive plan of the village and the compatibility of the proposed use with the official zoning map of the village;

      5.   The appropriate application fee.

   C.   Payment Of Analysis And Development Costs, Bonding And Permits: The following conditions apply to all conditional use permits:

      1.   All infrastructure analysis shall be undertaken and paid for by the applicant.

      2.   Prior to a conditional use permit taking affect, the developer shall bond or construct any and all improvements to existing infrastructure systems which are required to bring those systems up to the capacity required by the proposed development.

      3.   All necessary state and local permits must be approved prior to a conditional use permit becoming effective.

   D.   Approval Or Denial: The following conditions shall be cause for denial of a conditional use permit:

      1.   Lack of legal right by the applicant to use the property as requested;

      2.   Inconsistency of the site plan with the requirements of this title;

      3.   Insufficiency of infrastructure to handle the impacts of the proposed use, and inability of the applicant to improve the infrastructure to the level of service required to serve the proposed use;

      4.   Inconsistency of the proposed use with the official zoning map or comprehensive plan of the village;

      5.   Failure of the applicant to obtain required permits;

      6.   Conditions associated with the proposed conditional use permit which would negatively impact the health, safety or general welfare of the residents of the village.

   E.   Nontransferability: Conditional use permits are site specific approvals. A conditional use permit may not be transferred from one location to another location. If the owner or agent of a conditional use permit business wishes to move the business, the owner or agent must apply for a new permit for the proposed new location.

   F.   Voting On Conditional Use Permits: An affirmative vote of a majority of the members of the planning and zoning commission is required for the commission to approve a conditional use permit.

   G.   Revocation Of Conditional Use Permits: Failure of the applicant to abide with the terms of the conditional use permit or of this title, or the use of fraud or misrepresentation in gaining a conditional use permit, shall be cause for immediate revocation of the permit. (Ord. 256 art. II § 7, 1993)

The applicant shall provide and the planning and zoning commission shall use the following criteria when reviewing temporary use permits in the C-1 and M-1 zoning districts. The following items must be submitted along with the completed temporary use permit application:

   A.   Proof Of Right:

      1.   Legal description of the property;

      2.   Proof of ownership, or when the applicant is not the owner of the property, proof of legal right to apply for the permit.

   B.   Support Documentation: The following reports must accompany the completed temporary use permit application:

      1.   A site and development plan consisting of a scaled drawing or map of the property showing: the location of existing and proposed vehicular access and circulation; parking and loading sites; pedestrian walks; temporary and permanent structures; location of portable toilets; location of trash receptacles; drainage improvements; location of all mechanical and electrical machinery;

      2.   A traffic impact analysis describing potential traffic flows (average daily traffic) and the impact of that traffic on the transportation system, including proof of capacity to serve the use's potential traffic flows, including off site traffic management;

      3.   An evaluation of the existing infrastructures' capacities to serve the use's needs for potable water, liquid waste disposal, and solid waste disposal;

      4.   The impact of the proposed use on surrounding properties including the compatibility of the proposed use with the comprehensive plan of the village, compatibility of the proposed use with the official zoning map of the village, and compatibility with the development requirements of this title;

      5.   The appropriate application fee;

      6.   All required liability and cleanup bonds.

   C.   Payment Of Analysis And Development Costs, Bonding And Permits: The following conditions apply to all temporary use permits:

      1.   All infrastructure analysis shall be undertaken and paid for by the applicant.

      2.   Prior to a temporary use permit taking affect, the developer shall bond or construct any and all improvements to existing infrastructure systems which are required to bring those systems up to the capacity required by the proposed development.

      3.   All necessary state and local permits must be approved prior to a temporary use permit becoming effective.

   D.   Voting On Temporary Use Permits: An affirmative vote of a majority of the planning and zoning commission is required for the commission to approve a temporary use permit.

   E.   Approval Or Denial: The following conditions shall be cause for denial of a temporary use permit:

      1.   Lack of legal right by the applicant to use the property as requested;

      2.   Inconsistency of the site plan with the requirements of this title;

      3.   Insufficiency of infrastructure capacity to handle the impacts of the proposed use, and inability of the applicant to improve the infrastructure to the level of service required to serve the proposed use;

      4.   Inconsistency of the proposed use with this title, the zoning map or comprehensive plan of the village;

      5.   Failure of the applicant to provide required permits, bonding, or the required indemnification and hold harmless agreement.

   F.   Nontransferability: Temporary use permits are site specific approvals. A conditional use permit may not be transferred from one location to another location. If the owner or agent of a temporary use permit business wishes to move the business, the owner or agent must apply for a new permit for the proposed new location.

   G.   Time Limitations:

      1.   A temporary use permit may be approved for a period up to but not to exceed ninety (90) consecutive days.

      2.   Additional temporary use permits may not be issued for uses occurring on the same parcel of land within thirty (30) days of the conclusion of any temporary use permit.

      3.   Hours of operation of temporary use permits shall be established by the planning and zoning commission to promote the public's health, safety and welfare.

   H.   Requirements Prior To Issuance Of Temporary Use Permits:

      1.   Prior to a temporary use permit taking affect, the developer shall bond or construct any and all improvements to existing infrastructure systems which are required to bring those systems up to the capacity required by the proposed use.

      2.   Liability bonding of a minimum of five hundred thousand dollars ($500,000.00) shall be required prior to the issuance of temporary use permits.

      3.   All necessary state and local permits, including a village business registration when required, must be approved prior to a temporary use permit becoming effective.

      4.   The applicant must execute an indemnification and hold harmless agreement approved as to form by the attorney for the village and sufficient to protect the village from claims arising from the conduct of the event.

      5.   A clean up bond in the amount determined by the planning and zoning commission to insure that each site occupied by a temporary use will be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the temporary use.

   I.   Revocation Of Temporary Use Permits: Failure of the applicant to abide with the terms of the temporary use permit or of this title, or the use of fraud or misrepresentation in obtaining a temporary use shall be cause for immediate revocation of the permit. (Ord. 256 art. II § 8, 1993)

The applicant must submit and the village planning and zoning commission and governing body shall use the following criteria when reviewing zone change applications. The following items must be submitted along with the completed zone change application:

   A.   Proof Of Right:

      1.   Legal description of the property;

      2.   Proof of ownership, or when the applicant is not the owner of the property, proof of legal right to apply for the permit.

   B.   Support Documentation:

      1.   A traffic impact analysis describing potential increases in average daily traffic, and the ability of the existing transportation system to handle increased traffic which will be caused by approval of the zone changed;

      2.   An analysis of existing infrastructure capacities to serve additional users' needs for potable water, liquid waste disposal, and solid waste disposal;

      3.   Proof of compatibility of the proposed zone with the comprehensive plan and the future zoning map of the village;

      4.   The appropriate application fee.

   C.   Payment Of Analysis And Development Costs: All infrastructure analysis shall be undertaken and paid for by the applicant.

   D.   Approval Or Denial: The following conditions shall be cause for denial of a zone change application:

      1.   Lack of legal right by the applicant to apply for the requested change;

      2.   Inability of the existing transportation system to handle increased traffic which will be caused by approval of the zone change, and inability of the applicant to improve the system to the level of service required by the proposed zone;

      3.   Insufficiency of existing water, sewage and solid waste infrastructure to handle the impacts of the proposed zone, and inability of the applicant to improve the infrastructure to the level of service required to serve the proposed zone;

      4.   Inconsistency of the proposed zone with the future zoning map or comprehensive plan of the village;

      5.   Conditions associated with the proposed zone change which would negatively impact the health, safety or general welfare of the residents of the village.

   E.   Voting On Zone Change Requests:

      1.   An affirmative vote of a majority of the members of the planning and zoning commission is required for the commission to recommend approval of a zone change application to the governing body.

      2.   An affirmative vote of a majority of the members of the governing body is required for the approval of a zone change application. (Ord. 256 art. II § 9, 1993)

The applicant must submit and the village planning and zoning commission and governing body shall use the following criteria when voting to approve or not approve variances. The following items must be submitted along with the completed variance application:

   A.   Proof Of Right:

      1.   Legal description of the property;

      2.   Proof of ownership, or when the applicant is not the owner of the property, proof of legal right to apply for the permit.

   B.   Support Documentation:

      1.   Proof of compatibility of the proposed variance with the comprehensive plan of the village;

      2.   The appropriate application fee.

   C.   Considerations: Cost and inconvenience to the applicant of strict or literal compliance with the regulation may be given consideration, but shall not be the sole reason for granting a variance. Variances will be considered in the following cases:

      1.   Height, yard, setback, lot area, site coverage and gross floor area requirements;

      2.   Parking and loading requirements;

      3.   Sign and fence requirements;

      4.   Limitations for minimum stated distances.

   D.   Required Findings: Before recommending approval of a variance the planning and zoning commission must make the following findings, and before approving a variance request that the governing body must also make the following findings:

      1.   Approval of the variance request will not allow a use which is not permitted by right, by conditional use permit, or by temporary use permit;

      2.   Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same land use district and in the immediate vicinity of the variance request;

      3.   Granting of the variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the immediate vicinity;

      4.   By granting the variance, the spirit of this title will be observed, public safety and welfare secured, and substantial justice done; and

      5.   The variance is warranted for one or more of the following reasons:

         a.   Strict or literal interpretation and enforcement of the specified performance standard or regulation would result in extreme and unnecessary physical hardship inconsistent with the purposes of this code,

         b.   Exceptional or extraordinary circumstances or conditions resulting from size, shape or existing structures thereon, or from topographic or physical conditions on the site or in the immediate vicinity that are related to the site of the variance but that do not apply generally to other properties in the same land use district in other parts of the village.

   E.   Duration Of A Variance: A variance may be issued for an indefinite duration or for a specified time.

   F.   Voting On Variance Requests: The following votes are required for approval of a variance:

      1.   An affirmative vote of a majority of the planning and zoning commission is required for the commission to recommend approval of a variance application to the governing body.

      2.   An affirmative vote of a majority of the governing body is required for the approval of a variance application.

   G.   Recordation Of Variances: The case number of a variance shall be entered on the parcel identified on the official zoning map of the village as the parcel for which such variance is issued. (Ord. 256 art. II § 10, 1993)