A. Definition: A "variation" is a decision of the village board that, if approved, permits an applicant to depart from the precise regulations of this title. A variation may be granted only in the specific instances authorized in this section and only in accordance with the standards recited in this section.
B. Authority: The planning and zoning commission may vary the regulations of this title in harmony with the general purpose and intent of this title in the specific instances set forth in this section, where the commission makes findings of fact in accordance with the standards prescribed in this section, and further finds, that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title. All final administrative decisions of the planning and zoning commission shall be subject to judicial review.
C. Authorized Variations: Variations from the regulations of this title shall be granted by the planning and zoning commission only in accordance with the standards established in subsection D of this section and may be granted only in the following instances and in no others: (1990 Code §21.12.040; amd. 2011 Code)
1. To permit any yard or setback of less depth than a yard or a setback required by the applicable regulations.
2. To allow a fence or wall in excess of the height limitations specified in chapter 5 of this title.
3. To permit the use of a lot for a use prohibited solely because of insufficient area or width, but in no event shall the area or width of the lot be less than ninety percent (90%) of the required lot area or width.
4. To permit the same off street parking facility to qualify as required facilities for two (2) or more uses; provided, that the use of such facility by each user does not take place at the same hours of the same days of the week.
5. To increase by not more than twenty percent (20%) the maximum gross floor area ratio of any use so limited by the applicable provisions of the zoning district. (1990 Code §21.12.040)
D. Standards For Variations:
1. The planning and zoning commission shall permit a variation of the provisions of this title, as authorized in this section, only if the evidence, in the judgment of the planning and zoning commission, sustains each of the following three (3) conditions: (1990 Code §21.12.040; amd. 2011 Code)
a. 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;
b. The plight of the owner is due to unique circumstances; and
c. The variation, if granted, will not alter the essential character of the locality. (1990 Code §21.12.040)
2. For purpose of supplementing the above standards, the planning and zoning commission, 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: (1990 Code §21.12.040; amd. 2011 Code)
a. That the particular physical surroundings, shape or topographical 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 regulation were to be carried out.
b. That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification.
c. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property.
d. That the alleged difficulty or hardship has not been created by any person presently having interest in the property. (1990 Code §21.12.040)
e. That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. (1990 Code §21.12.040; amd. 2011 Code)
f. 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. (1990 Code §21.12.040)
3. The planning and zoning commission may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section, to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title.
E. Application For Variation: An application for a variation may be made by any person, firm or corporation. An application for a variation is filed with the village clerk, shall be on a form provided by the building commissioner and shall contain all information required on such form including the following: (1990 Code §21.12.040; amd. 2011 Code)
1. Legal description of property for which a variation is requested.
2. The requested variation identified as authorized by one or more standards found in subsection C of this section.
3. The reasons which the applicant relies upon as justifying the requested variation.
4. An eight and one-half inch by eleven inch (81/2"x11") sketch of the property showing all lot lines, existing and proposed structures and adjoining streets or uses and the distances between said structures and the lot lines. (1990 Code §21.12.040)
1. No variation shall be made by the planning and zoning commission except after a public hearing before the commission, of which there shall be a notice of the time and place of the hearing published at least once, no more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation in the village. The notice of public hearing shall contain (a) the common street address or addresses, if any, (b) the property index number (“PIN”) or numbers of all the parcels of the real property contained in the affected area, (c) the approximate size of the property in acres, or square feet if under an acre, and (d) a brief description of the nature of the matter to be heard. No variation approved by the Village Board shall be remain valid if not acted on within six (6) months of approval, unless an extension is approved by the Village Board. Time is of the essence.
2. The applicant shall file with the village clerk a written certified list containing the registered owners and their mailing addresses, as appears from the authentic tax records of the county, and is recorded in the office of the county recorder of deeds of all property within two hundred fifty feet (250') in each direction of the location for which the variation is requested, provided the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement.
3. The planning and zoning commission shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the application for variation is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the variation is requested and the name and address of the applicant for variation and a brief statement of the nature of the variation requested.
4. The planning and zoning commission shall hear no application for variation unless the applicant for variation has furnished the certified list required in this section, and the planning and zoning commission has sent out the notices as required in this section.
G. Hearing: The planning and zoning commission shall hold a public hearing at which evidence in support of the variation must be presented by or on behalf of the applicant, and any evidence presented by interested parties shall be heard. On the basis of evidence presented, the planning and zoning commission shall record their findings of fact, their decision, the vote of the members and the reasons for recommending granting or denying the variation to the village board.
H. Expiration Of Variation: A variation shall lapse after twelve (12) months from the date of grant thereof unless construction authorized is commenced on a building permit for the use specified by the variation within twelve (12) months, or the use is commenced within such period. (1990 Code § 21.12.040; amd. 2011 Code; Ord. 2023-O-24, 11-7-2022)