(A)   In order that the spirit of this Code may be observed and substantial justice done the Village Board may, upon application, grant a variation (variance) from the strict application of the Code; provided that, variations of use restrictions (permitted, special, or accessory) shall not be permitted. Variances may be used only in the case of an exceptionally irregular, narrow, shallow, or steep lot or other exceptional physical condition, whereby such strict application would result in such difficulty or unnecessary hardship as would deprive the owner of any reasonable use of the land or building involved, but in no other case. In no case shall a variance be considered for a circumstance that is within the control of the applicant, i.e. a self-imposed hardship and staff shall not forward same to the Planning Commission. Variances under these conditions also includes signage.

   (B)   A variation may be granted by the Village Board upon making a finding of fact that, owing to special conditions, a literal enforcement of the provisions of this Code would result in unnecessary extreme and undue hardship which would deprive the owner of the property for which the variation is sought of all practical use of the property.

   (C)   An application (see § 151.340) shall be submitted for a variance to the village staff, and the application along with a staff advisory report will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee. (See Chapter 34.)

   (D)   Every application for a variance shall include adjoining zoning, history of the area relating to zoning issues, effect on comprehensive plan and any past zoning approvals or denials on the same issue. The application shall contain, at minimum, the following:

      (1)   Name and address of the applicant;

      (2)   Location of the structure/use for which the variance is sought;

      (3)   Relationship of the structure/use to existing structures/uses on adjacent lots;

      (4)   Specific section(s) of this Code containing the regulations which, if strictly applied, would cause a serious problem;

      (5)   Certification that the reason for the variance is not self-imposed;

      (6)   Certification from the applicant's design professional detailing the exceptional nature of the case and expressing his or her professional opinion that the request will not adversely impact public utilities, traffic circulation, drainage or public safety; and

      (7)   Any other pertinent information that the village staff may require.

   (A)   The Planning Commission shall hold a public hearing on each variance request not more than 60 days after the variance application is submitted to them.

   (B)   At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

   (C)   Notice indicating the time, date and place of the hearing and the nature of the proposed variance shall be given not more than 30, nor less than 15, days before the hearing.

      (1)   The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal must include all adjoining property owners. The applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.

      (2)   The village will publish notice in a newspaper of general circulation within its municipality at the applicant's expense.

   (A)   After the public hearing, the Planning Commission shall submit a recommendation to the Village Board of Trustees.

   (B)   The Planning Commission recommendation shall state the Planning Commissions’ findings regarding the variance request.

   (C)   The Planning Commission shall use the same criteria for a variance review as listed in § 151.369.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

   The Planning Commission may recommend such conditions and restrictions upon the premises benefitted by a variation as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood, village right-of-way, public infrastructure or public safety and to better carry out the general intent of this Code.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

   (A)   The Village Board of Trustees shall render a decision on every variance request within a reasonable time after receipt of the Planning Commissions’ recommendation. This is not meant to imply the next scheduled committee at large meeting or Village Board Meeting after the Planning Commission recommendation is submitted.

   (B)   The Village Board of Trustees shall not grant any variance unless, based upon the information presented, it determines that:

      (1)   The proposed variance is consistent with the general purposes of the Development Code;

      (2)   Strict application of the design and improvement requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;

      (3)   The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship;

      (4)   The plight of the applicant is due to peculiar circumstances not of his or her own making;

      (5)   The peculiar circumstances engendering the variance request are not applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than an amendment;

      (6)   The variance, if granted, will not substantially impair implementation of the Village's Development Code including the Official Map; and

      (7)   The proposed variance is not based upon complaint of lack of reasonable return or hardship because applicant paid more for property than it was worth basing the purchase price upon anticipation of obtaining a variance or hardship because applicant failed to exercise due diligence in researching the limitation of the site.

(Am. Ord. 2020-03-02A, passed 3-2-2020)