The county board shall decide variations of the provisions of this ordinance in harmony with the general purpose and intent of this ordinance and shall vary them only in the specific instances hereinafter set forth where the zoning board of appeals shall have made findings of fact based upon the standards hereinafter prescribed that there are practical difficulties or a particular hardship in the way of carrying out the strict letter of the regulations of this ordinance. Any proposed variation which fails to receive the approval of the board of appeals shall not be passed except by the favorable vote of three-fourths (¾) of all members of the county board.

(Res. 1-1, § 7(F)(1), November 16, 1982)

1. A petition for a variation may be filed by any interested property owner or contract purchaser or their agent. In cases where a contract purchaser is the petitioner, the contract purchaser shall provide a letter from the owner which states that the owner is aware of the petition and the request(s) contained therein, that the petitioner is indeed a contract purchaser and that the owner approves the action. Such petitions for a variation shall be filed in writing and shall contain such information as the zoning board of appeals may require by rule.
2. A petition for a use variation may be filed ONLY IF:
   1. A petition for an amendment is recommended for denial by the zoning board of appeals; or
   2. A petition for an amendment is denied by the county board.
   3. A fee of one hundred fifty dollars ($150.00) must accompany the petition.
3. A separate petition for a use variance is not required if the exception provided in 17.68.050(d) applies. In such cases the Zoning Board of Appeals may recommend to the County Board that a use variance be granted.

(Res. No. 7, Exh. A(1), 12-10-2013; Res. 9, Exh. A(part), July 8, 2008; Res. 12, Exh. A, 11-12-2003; Res. 7-1(part), March 8, 1983; Res. 1-1, § 7(F)(2), November 16, 1982)

A petition for a variation shall be filed with the zoning administrator at least twenty (20) days prior to the date of the hearing. The zoning administrator shall forward such petition to the Sangamon County zoning board of appeals in accordance with the applicable statutes of the State of Illinois and forward a copy of the petition to the Springfield-Sangamon County regional planning commission. The petition shall include a list of adjacent property owners, including owners across the street and across the alley, as well as their mailing addresses. A map shall also be submitted which shows the boundaries of the property, the location of existing and/or proposed structures in relation to property lines, and adjacent land uses.

(Res. 1-1, § 7(F)(3), November 16, 1982)

No variation shall be made by the county board except after a public hearing before the zoning board of appeals of which there shall be a notice of time and place of hearing published at least once, not more than thirty (30) or less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within Sangamon County. A written notice shall be served at least ten (10) days before the hearing on the owners of the properties located adjacent to and across the street or alley from the location for which the variation is requested. In addition, at least fifteen (15) days prior to each hearing, notice of such hearing shall be posted on the street frontage of the location for which the variation is requested. If the real estate subject to the petition shall be situated within a township in which there is a newspaper regularly published or in which there is a newspaper generally circulated that is not published in City of Springfield, Illinois, then there shall be published in the said newspaper a legal notice identical to and in addition to that above-stated.

However, if the variation sought is ten (10) percent or less of the regulations of this title as to location of structures or as to bulk requirements no public hearing is required and such variation may be granted by the zoning administrator provided that a notice of the intent to grant such variation shall be sent by certified mail to all adjoining landowners. If any adjoining landowner files a written objection with the zoning administrator within fifteen (15) days of receipt of such notice, the variation shall only be considered by the zoning board of appeals and county board in the manner provided in this chapter. When the zoning administrator decides whether to grant this type of variation, consideration shall be given to the extent to which the petitioner has demonstrated compliance with the standards set forth in Section 17.66.050. The action of the zoning administrator in granting, granting with conditions, or denying the variation shall contain or be accompanied by a finding of fact specifying the reason for the decision.

(Res. 12, Exh. A, 11-12-2003; Res. 7, § 7(part), April 14, 1987; Res. 16a, § 14(part), November 19, 1985; Res. 1-1, § 7(F)(4), November 16, 1982)

1. The zoning board of appeals shall not recommend to the Sangamon County board that the regulations of this ordinance be varied as authorized in Section 17.66.010 hereof, unless it shall make findings of fact specifying the reason for the recommended variation in accordance with the standards provided in sections B and C below.
2. Standards to be considered for an area variance request are:
   1. That the property in question cannot be economically used or cannot yield a reasonable return, if permitted to be used only for the conditions allowed by the regulations;
   2. That the plight of the owner is due to circumstances unique to the property and not generally applicable to other property in the area; and
   3. That the variation, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.
3. Standards to be considered for a use variance request are:
   1. That the variance is justified by a showing of special circumstances demonstrating practical difficulties or particular hardship in the way of carrying out the strict letter of the zoning regulations, and
   2. That the variance is compatible with the trend of development in the area, and
   3. That the variance will benefit the community and be in harmony with the general purpose and intent of the Zoning Regulations, and
   4. That the variance will not create a negative impact on the area, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.
4. In making a decision and findings, the zoning board of appeals shall take into consideration the following factors:
   1. Variations should not be used to make major changes in the permitted uses in a zoning district. If a use is not permitted in the zoning district for the property, a variation for an unpermitted use should be the exception, for such a variation will permit a use that will be incompatible with the legitimate uses in the district, and may create a bad precedent.
   2. Variations should not impact upon the character of the surrounding neighborhood in a detrimental manner.
   3. Variations should be evaluated by comparing the relative gain to the property that seeks the variance against the gain to the public and surrounding neighborhood if the variance is not granted.
   4. Variances are less likely to be justified if the "hardship" or "practical difficulty" has been created by the petitioner.
   5. Variances are less likely to be justified if the property has been economically and/or successfully used in the past without the need for a variation.
   6. Variation decisions should be based upon the characteristics of the property as opposed to the person who is presenting the petition.
   7. Variation decisions should consider previous precedents established for the neighborhood and the County.
   8. Variation decisions should consider whether they will create bad or good precedent for the future.
5. The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the above standards.

(Res. 12, Exh. A, 11-12-2003; Res. 16a, § 4, November 19, 1985; Res. 1-1, § 7(F)(5), November 16, 1982)

A use variation shall become void and the property owner will be notified by certified mail if:

1. A person does not comply with the use variation granted and/or any of its conditions;
2. The use variation is not utilized within one year from the date the variation is granted; or
3. The use variation ceases to be utilized for two years.

(Res. 12, Exh. A, 11-12-2003; Res. 7-1, March 8, 1983; Res. 1-1, November 16, 1982)

Editor's note— Res. 12, passed November 12, 2003, amended Section 17.66.060 in its entirety to read as herein set out. Former Section 17.66.060 pertained to permitted variations standards and derived from Res. 1-1, passed November 16, 1982; and Res. 7-1, passed March 8, 1983.

After any application for a variance has been acted upon by the county board, another application requesting the same relief shall not be accepted or considered by the county board for a period of six (6) months after such action, unless the application shows that there has been a substantial change in circumstances as determined by the zoning board of appeals, since such action.

(Res. 9, Exh. A (part), September 14, 2004)