The Village Council shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest. In authorizing a variance, the Village Council may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this chapter. On appeal where there is unnecessary hardship, the Village Council may grant a variance in the application of the provisions of the zoning chapter. If a variance is requested from size or area requirements, the following factors shall be examined:

   (A)   Whether the property will yield a reasonable return or whether there can be a beneficial use of the property without the variance;

      (1)   Whether the variance is substantial;

      (2)   Whether the essential character of the neighborhood would be substantially altered or adjoining properties suffer a "substantial detriment";

      (3)   Whether the variance would adversely affect the delivery of governmental services;

      (4)   Whether the property owner purchased the property with knowledge of the zoning restriction;

      (5)   Whether the problem can be solved by some manner other than the granting of a variance;

      (6)   Whether the variance preserves the "spirit and intent" of the zoning requirement and whether "substantial justice" would be done by granting the variance.

      (7)   The Village Clerk shall provide applicants with the necessary forms and procedures for bringing a variance request before the Village Council.

(Ord. 0-1847-01, passed 12-17-01; Am. Ord. O-2272-10, passed 11-15-10)

   (A)   The Village Council shall not approve a conditional use unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location shall meet all of the following requirements:

      (1)   The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of the Zoning Ordinance.

      (2)   The proposed use will be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

      (3)   The use will not be hazardous to existing or future neighboring uses.

      (4)   The area will be adequately served by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

      (5)   The proposed use will not be detrimental to the economic welfare of the community.

      (6)   The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

      (7)   Vehicular approaches to the property shall be so designated as not to create interference with traffic on surrounding public streets or roads.

   (B)   Notification shall be given to owners of all properties lying (a) within 100 feet of; (b) contiguous to; (c) directly across the street or alley from the parcels seeking the conditional use at least 20 days before the public hearing on the conditional use request.

(Ord. 0-1847-01, passed 12-17-01)

   Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Village Council, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the zoning district map may be made to the Village Council and a determination shall be made by the Village Council.

(Ord. 0-1847-01, passed 12-17-01)