A.   Authority: The board of trustees shall have the authority to grant variations from the provisions of this zoning code, but only in compliance with the procedures, circumstances, and standards set forth in sections 9-17-2, 9-17-3, and 9-17-4 of this chapter.

   B.   Purpose: The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this zoning code that create practical difficulties or particular hardships for which no other remedy is available.

   C.   Parties Entitled To Seek Variations: Applications for variations may be filed by the owner of, or person having a contractual interest in, the subject property. (Ord., 10-2004)

   A.   Application: Applications for variations shall be filed in accordance with the requirements of section 9-14-1 of this title.

   B.   Public Hearing: A public hearing shall be set, noticed, and conducted by the zoning board of appeals in accordance with section 9-14-3 of this title.

   C.   Action By Zoning Board Of Appeals: Within forty five (45) days after the close of the public hearing, the zoning board of appeals shall render its recommendation in the manner and form specified by subsection 9-12-2H of this title, recommending granting the application for a variation, granting a variation less than or different from that sought in the application, or denying the application. The failure of the zoning board of appeals to act within such forty five (45) days, or such further time to which the applicant may agree, shall be deemed to be a recommendation for the denial of the variation.

   D.   Action By Board Of Trustees: Within forty five (45) days after the receipt of the recommendation of the zoning board of appeals, or its failure to act as above provided, the board of trustees shall either deny the application or, by ordinance duly adopted, shall grant the variation, with or without modifications or conditions. The failure of the board of trustees to act within such forty five (45) days, or such further time to which the applicant may agree, shall be deemed a decision denying the variation. (Ord., 10-2004)

   A.   Permitted Variations: The board of trustees may vary the provisions of this zoning code only as provided in this subsection A. The authority of the board of trustees to vary the provisions of this zoning code is subject to the prohibitions set forth in subsection B of this section and proof by the applicant of each of the standards set forth in section 9-17-4 of this chapter.

Under no circumstances shall the list of permitted variations in this subsection A be construed as an entitlement, right, or claim for any applicant.

The board of trustees may vary the provisions of this zoning code in the following cases and in no others:

      1.   Yards; Setbacks; Spacing: To reduce the dimension of any required yard, landscaped yard, setback, or building spacing, and to allow structures and uses to be located in any required yard in addition to, and to a greater degree than, those authorized by applicable district regulations.

      2.   Area; Width; Depth:

         a.   Except in the I district, to reduce by not more than fifteen percent (15%) the required lot area, lot width, or lot depth of any lot; provided, however, that no such variation shall permit either the development of more than one dwelling unit in addition to the number of dwelling units that could be developed in the absence of such a variation or any increase in the otherwise permitted maximum floor area ratio.

         b.   To reduce the required lot area of a lot in the I district.

      3.   Height:

         a.   To increase by not more than ten percent (10%) the maximum allowable height of a structure in a nonresidential district, but only where necessary to accommodate variations in grade.

         b.   To increase by not more than twenty five percent (25%), but not to exceed a maximum height of thirty eight feet (38'), the maximum allowable height of a structure for which a special use permit has been granted pursuant to section 9-3-3 of this title authorizing the maintenance and operation of a bed and breakfast establishment.

         c.   To increase the maximum number of stories of a principal structure in the B-1 local and community business district to three (3), and to increase the maximum height of a principal structure in the B-1 district by not more than ten percent (10%), subject to the following requirements:

            (1)   The use of the third story of the principal structure must be the same as or similar to the use of the first and second stories of that structure, and

            (2)   The gross floor area of the third story of the principal structure may not exceed twenty percent (20%) of the total gross floor area of the first and second stories of that structure.

      4.   Parking Generally: To reduce by not more than forty percent (40%) in the B-2 district or by twenty percent (20%) in every other district, or one space, whichever is greater, the minimum number of off street parking spaces or loading spaces otherwise required.

      5.   Parking Change: To vary the number of parking or loading spaces required in connection with a change of use or an increase in use intensity.

      6.   Parking Distance: To increase by not more than fifty percent (50%) the maximum distance that required parking is permitted to be located from the zoning lot of the use for which such parking is provided.

      7.   Parking Deficiency: To increase the distance which parking spaces proposed to eliminate a parking deficiency may be located from the zoning lot on which the use to be served is located as established in subsection 9-10-1B2d of this title.

      8.   Recreational Facility Height: To allow an increase in height by not more than twenty percent (20%) of the maximum allowable height for the illumination of residential recreational facilities.

      9.   Moving Nonconforming Structure: To allow the moving of a nonconforming structure to an extent or in a manner not permitted by subsection 9-11-4C of this title.

      10.   Restoring Nonconforming Structure: To allow the otherwise prohibited restoration of a partially damaged or destroyed nonconforming structure or structure devoted to a nonconforming use.

      11.   Eminent Domain: To vary the bulk, yard, and space requirements when a zoning lot, whether vacant or legally used, is reduced in size, by reason of the exercise of the right of eminent domain by an authorized governmental body or by reason of a conveyance made under the specific threat of an eminent domain proceeding, so that the remainder of said zoning lot, or any structure or use on said zoning lot, does not conform with one or more of such bulk, yard, or space requirements of the district in which said zoning lot is located.

      12.   Storage: To allow, for a period not to extend beyond one year after the effective date of this zoning code:

         a.   The storage in a parking area in a residential district of more than the maximum number of class I or II vehicles specified in subsection 9-10-1D of this title; or

         b.   The storage in a parking area in any required yard in a residential district of class II vehicles; or

         c.   The storage in a parking area in a residential district of no more than one class III vehicle.

Every variation granted pursuant to this subsection A12 shall run only to the applicant, as a personal privilege, and only with respect to the specific vehicle that is the subject of the application.

      13.   Landscaping: To vary the provisions related to landscaping any area, structure, or building established in chapter 8, article A of this title.

      14.   Landscaped Surface Area; I District: To decrease to not less than twenty percent (20%) the minimum landscaped surface area in the I industrial district for a zoning lot within a defined industrial subdivision; provided, however, that the combined total landscaped surface area for all lots within the subdivision shall be not less than the I district minimum.

      15.   Landscaped Surface Area; R-6 District: To decrease to not less than fifty percent (50%) the minimum required landscaped surface area in the R-6 multiple-family residential district.

      16.   Landscaped Surface Area; B-3 District: To decrease to not less than twenty five percent (25%) the minimum required landscaped surface area in the B-3 regional shopping district for a zoning lot within a defined retail subdivision; provided, however, that the combined total landscaped surface area for all lots within the subdivision shall be not less than the B-3 district minimum.

      17.   Loading Space Or Dock; Location On A Lot: To allow the location of a loading space or dock opening onto a building facade facing a public street to an extent or in a manner not permitted by subsection 9-10-2C1 of this title.

      18.   Lake Protection District: To allow piers to an extent or in a manner not permitted by subsection 9-7C-3A of this title. (Ord. 2016-6-137, 6-6-2016)

      19.   Floor Area Ratio; I Industrial District: To allow an increase from the floor area ratio standard in the I industrial district from 0.45 to 0.47. (Ord. 2016-6-136, 6-6-2016)

   B.   Prohibited Variations: Notwithstanding any other provision of this section, no variation shall be granted that:

      1.   Temporary Only: Is intended as a temporary measure only; or

      2.   Minimum Required: Is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the applicant. (Ord., 10-2004)

   A.   General Standard: No variation shall be granted pursuant to this chapter unless the applicant shall establish that carrying out the strict letter of the provisions of this zoning code would create a particular hardship or a practical difficulty. Such a showing shall require proof that the variation being sought satisfies each of the standards set forth in this section.

   B.   Unique Physical Condition: The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use or structure, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.

   C.   Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner, or of the owner's predecessors in title and known to the owner prior to acquisition of the subject property, and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this zoning code, for which no compensation was paid.

   D.   Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision.

   E.   Not Merely Special Privilege: The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the use of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship shall not be a prerequisite to the grant of an authorized variation.

   F.   Code And Plan Purposes: The variation would not result in a use or development of the subject property that would be not in harmony with the general and specific purposes for which this zoning code and the provision from which a variation is sought were enacted or the general purpose and intent of the official comprehensive plan.

   G.   Essential Character Of The Area: The variation would not result in a use or development on the subject property that:

      1.   Detrimental To Enjoyment: Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements permitted in the vicinity; or

      2.   Light And Air: Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity; or

      3.   Congestion: Would substantially increase congestion in the public streets due to traffic or parking; or

      4.   Flood Or Fire: Would unduly increase the danger of flood or fire; or

      5.   Tax Public Facilities: Would unduly tax public utilities and facilities in the area; or

      6.   Endangerment: Would endanger the public health or safety.

   H.   No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property. (Ord., 10-2004)

A variation less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested. (Ord., 10-2004)

   A.   Authority: The zoning board of appeals may recommend and the board of trustees may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this zoning code on the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance granting the variation. Violation of any such condition or limitation shall be a violation of this zoning code and shall constitute grounds for revocation of the variation.

   B.   Affidavit Of Compliance With Conditions: Whenever any variation authorized pursuant to this chapter is made subject to conditions and limitations to be met by the applicant, the applicant shall upon meeting such conditions file an affidavit with the village manager so stating. (Ord., 10-2004)

The grant of a variation shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the village including, but not limited to, a building permit, a certificate of zoning compliance, subdivision approval, and site plan approval. (Ord., 10-2004)

Subject to an extension of time granted by the village manager pursuant to subsection 9-12-1J of this title, no variation from the provisions of this zoning code shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of zoning compliance is issued and a use is commenced within that period.

A variation shall be deemed to authorize only the particular construction or development for which it was issued and shall automatically expire and cease to be of any force or effect if such construction or development shall be removed and not replaced within six (6) months following such removal. (Ord., 10-2004)