To provide relief from any zone regulation (other than regulations pertaining to permitted uses and special uses) in cases where, because of the physical surrounding, shape, topography or natural condition of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

To provide relief from any zone regulations (other than those pertaining to permitted uses or special uses) for preserving some natural or historically significant feature which the Board deems an asset to the surrounding neighborhood.

To provide relief from any zone regulation (other than those pertaining to permitted uses or special uses) to allow the construction of a building on an undersized lot, subject to the terms of the variance.

To provide for the extension, expansion or repair of an isolated nonconforming use or building when, after a public hearing, the Board finds such use has performed a necessary service to the public in its present location and has not or will not cause any particular harm to surrounding properties, subject to the terms of the variance.

The granting of a variance will not substantially impair the implementation of the Comprehensive Plan, or disrupt orderly growth of the Village.

The conditions upon which a petition for a variance are based are unique to the property for which the variance is sought and are not applicable generally to other property within the same zoning classification.

The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property.

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

Any person desiring that the Board determine and vary the application of this chapter shall file a petition requesting such action with said Board by depositing the same with the Administrative Officer, along with such accompanying maps, plats, data, statements and supplementary information as shall be either necessary or desirable and a receipt showing payment to the Village Treasurer of the required filing fee.

The Administrative Officer shall immediately upon receipt thereof refer said petition and accompanying material to the Commission for hearing and report as set out below.

Said petition shall set out with brevity and clarity the particular location for which the variance is requested, the specific result to be accomplished thereby, and the reason or reasons the same is sought and the facts and circumstances justifying the action requested.

Public hearing.

Hearings shall be held at such place, available to the public, as shall be designated by the Chairman of the Commission and shall be conducted by the Chairman or a member of said Commission designated by the Chairman. Any person may appear thereat in person, by agent or by attorney. All evidence heard shall be under oath and a transcript made thereof. No member of the Commission shall vote upon the action of said Commission unless he shall have personally inspected the location in question subsequent to the filing of the petition herein mentioned and before the vote regarding the same is taken, the fact of such inspection to be specifically recorded in the minutes of the hearing.

Within 30 days after final adjournment of such hearing, the Commission shall transmit said petition and accompanying matters, along with a complete transcript of the evidence taken at said hearing and its recommendations and findings, to the Board, all of which may be accompanied by a statement of said Commission setting forth its reasons for such recommendations.

The Board may, by ordinance without further public hearing, adopt or reject any proposed variance, or may refer it back to the Commission for further consideration and report, notwithstanding the decision previously rendered by the Commission, but no further public hearing before the Board regarding a proposed variance shall be permitted except upon motion to permit such hearing passed by the favorable vote of not less than 3/4 of all members of the Board, and any variance which has failed to receive approval of the Commission shall not be passed by the Board except by favorable vote of not less than 2/3 of all the members of said Board. Every ordinance adopted by the Board which permits a variance shall set out findings of fact specifying the reason for making such variance.

The Commission may recommend the imposition of such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the Village's Comprehensive Plan to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the general intent of this chapter.

The Board, however, is limited to granting a variance only to the degree necessary to remove the hardship. The Board shall not grant any use variance except in cases of nonconforming structures, buildings and uses of land.