The zoning board of appeals shall decide variations of the provisions of this title in harmony with its general purpose and intent, and shall vary them only in the specific instances set forth in this chapter where the zoning board of appeals has made a finding of fact based upon the standards prescribed in this chapter that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title.

(Ord. 280 § 13.07(1), 1968.)

An application for a variation may be made by any person, firm, or corporation, or by an office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate or occupancy certificate.

(Ord. 280 § 13.07(2), 1968.)

A.

An application for a variation shall be filed with the zoning administrator and the city clerk. The zoning administrator shall forward such application to the zoning board of appeals for processing in accordance with applicable statutes of the state and the provisions of this title.

B.

No variation shall be made by the zoning board of appeals except after a public bearing before the zoning board of appeals, of which there shall be notice of time and place of the hearing published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers with a general circulation within Palos Hills; and a written notice mailed at least 15 days before the hearing to the properties located adjacent to and across the street from the location for which the variation is requested.

(Ord. 667 § 1(c), 1978; Ord. 280 § 13.07(3), 1968.)

(Ord. No. 2010-1, § 3, 1-21-2010)

All final administrative decisions and findings of the zoning board of appeals on variations arrived at after the hearing shall be accompanied by findings of facts specifying the reason or reasons for approving or disapproving the variation and shall be final and subject to judicial review only in accordance with applicable statutes of the state.

(Ord. 280 § 13.07(4), 1968.)

A.

The zoning board of appeals shall not vary the provisions of this title as authorized in this section, unless it has made findings based upon the evidence presented to it in the following cases:

1.

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

2.

That the plight of the owner is due to unique circumstances; and

3.

That the variation, if granted, will not alter the essential character of the locality.

B.

A variation shall be permitted only if the evidence, in the judgment of the board of appeals, sustains each of the three conditions enumerated in subsection A of this section.

C.

For the purpose of supplementing the above standards, the zoning board of appeals, in making this determination whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

1.

That the particular physical surroundings, shape, or topographic conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

2.

That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;

3.

That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

4.

That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

5.

That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; or

6.

That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

D.

The zoning board of appeals may require such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon the other property in the neighborhood, and to implement the general purpose and intent of this title.

(Ord. 391 § 1(K), 1972; Ord. 280 § 13.07(5), 1968.)

Variations from the regulations of this title shall be granted by the board of appeals only in accordance with the standards set out in this section, and may be granted only in the following instances, and in no others:

A.

To permit up to a 25 percent reduction in the front, side or rear yard required by this title;

B.

To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area or width of the lot or lots be less than ninety (90) percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title;

C.

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week;

D.

To reduce the applicable off-street parking or loading facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater;

E.

To increase by not more than twenty (20) percent the gross area of any sign;

F.

To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations;

G.

To extend the period of time a nonconforming use may continue or remain;

H.

To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on the effective date of the ordinance codified in this title is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

(Ord. 280 § 13.07(6), 1968.)

Other than those listed in Section 17.64.060, variations may be granted by the city council but only after a public hearing by the zoning board of appeals, as required and set forth in this title for an authorized variation and, thereafter, the zoning board of appeals submits all of the information gathered to the city council for its review and vote to approve or deny the variation. The zoning board of appeals may make a non-binding recommendation to the city council to approve or deny a petitioner's request if the variation exceeds the zoning board of appeal's authority to approve or deny the petition.

(Ord. 280 § 13.07(7), 1968.)

(Ord. No. 2010-6, § 1, 3-18-2010; Ord. No. 2015-6, § 1, 8-20-2015)