(a)

Purpose. The variation process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this Ordinance that create practical difficulties or particular hardships. Zoning approval of a variation is required before submission of a subdivision plat.

(b)

Initiation. A variation may be initiated by the owner of any property in the Village affected by the proposed variation or other person expressly authorized in writing by the owner, or any unit of government that is not the property owner of a lot but proposes to acquire the lot by purchase, gift or condemnation.

(c)

Authority. Variations are reviewed by the Zoning Board of Appeals except for variations from Sections 30-10.7 and 30-10.9 and Articles 30-15 and 30-16 of this Ordinance, which are reviewed by the Appearance Review Commission. The procedures outlined below for review of variations by the Zoning Board of Appeals shall be followed by the Appearance Review Commission when reviewing request for relief from Sections 30-10.7 and 30-10.9 and Articles 30-15 and 30-16. Certain types of variations are considered administrative zoning review approvals and are reviewed according to Section 30-5.6 (Administrative Zoning Review).

(d)

Execution. The Village Board, after a public hearing and recommendation from the board or commission, will take formal action on requests for variations.

(e)

Procedure.

(1)

Application.

(A)

All applications are filed with the Zoning Administrator in accordance with the requirements of Section 30-4.2 (Application). Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the board or commission.

(B)

The application must include a written statement by the applicant and adequate evidence showing that the proposed variation will conform to the standards set forth in this Ordinance for variations. The application must be accompanied by such plans or data, or both, as specified by the rules of the board or commission. If the proposed variation includes the construction, demolition or external modification of any structure, then the application must be accompanied by a site plan showing the proposed work and other site features relevant to review of the proposed work.

(2)

Review by the Zoning Administrator. After determining that the application is complete, the Zoning Administrator will review the application. Prior to the scheduled public hearing, the Zoning Administrator will forward to the board or commission copies of the complete application and a written report summarizing the facts of the case, including all relevant documents and incorporating or summarizing any oral and written comments received by the board or commission before the public hearing. The Zoning Administrator will also forward a copy of the written report to the applicant prior to the scheduled public hearing.

(3)

Action by the Zoning Board of Appeals or Appearance Review Commission.

(A)

The board or commission shall conduct a public hearing on the variation application in accordance with Section 30-4.4 (Public Hearing) within a reasonable time from receipt of a complete application. Notice for the public hearing must be in accordance with Section 30-4.3 (Notice). If, in the board or commission's judgment, the application does not contain sufficient information to enable the board or commission to properly discharge its responsibilities, the board or commission may request additional information from the applicant.

(B)

The board or commission will evaluate the application and make findings, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in Section 30-5.4.(e) below.

(C)

The board or commission must vote to recommend either approval, approval with conditions or denial of the application, and forward such recommendation to the Village Board. The Zoning Board of Appeals shall not recommend the granting of any variation unless there is a concurring vote of a majority of those members present and voting. The Appearance Review Commission shall not recommend the granting of any variation unless there is a concurring vote of a majority of all members present, with a minimum of four (4) concurring votes required. The recommendation of the board or commission may specify such conditions and restrictions upon the premises benefited by a variation as may be necessary to satisfy the approval standards and to reduce or minimize any injurious effect of such use upon other property in the neighborhood.

(4)

Action by the Village Board. The Village Board must consider the variation within a reasonable time of receipt of the board or commission recommendation. The Village Board may take action in the form of approval, approval with conditions, or denial on variation applications. The Village Board may approve or deny positive recommendations of the board or commission by majority vote of those members present and voting. However, if the application fails to receive the positive recommendation of the board or commission, then the favorable vote of five (5) members of the Village Board shall be required to approve the variation. Where an application is filed by a Unit of Local Government, the Village Board may approve the variation by only a majority vote if the application fails to receive the positive recommendation of the board or commission. In granting any variation, the Village Board may require such evidence and guarantees, as it may deem necessary, to assure compliance with the stipulated conditions. The Village Board may also refer the application back to the board or commission for further consideration.

(5)

Conditions and Restrictions on Variations. The board or commission may recommend, and the Village Board may impose, such conditions and restrictions upon the location, construction, design and use of the property benefited by a variation as may be necessary or appropriate to protect the public interest, adjacent property and property values. Failure to maintain such conditions or restrictions as may be imposed constitute grounds for revocation of the variation. The terms of relief granted, including any conditions or restrictions, must be specifically set forth in the recommendation and approval. In addition, a variation less than that requested may be granted by the Village Board when the record supports the applicant's right to some relief, but not to the entire relief requested.

(f)

Approval Standards for Variations.

(1)

No variation may be recommended for approval by the board or commission and approved by the Village Board unless findings have been made, based upon the evidence presented at the public hearing, to support each of the following conclusions:

(A)

The particular physical conditions, shape or surroundings of the property would impose upon the owner a practical difficulty or particular hardship, as opposed to a mere inconvenience, if the requirements of this Ordinance were strictly enforced.

(B)

The plight of the property owner was not created by the owner and is due to unique circumstances.

(C)

The difficulty or hardship is peculiar to the property in question and is not generally shared by other properties classified in the same zoning district and/or used for the same purposes. This includes the need to accommodate desirable existing site landscape or reflect unique conditions created by the age and character of the property.

(D)

The difficulty or hardship resulting from the application of this Ordinance would prevent the owner from making a reasonable use of the property. However, the fact the property could be utilized more profitably with the variation than without the variation is not considered as grounds for granting the variation.

(E)

The proposed variation will not impair an adequate supply of light and air to adjacent property or otherwise injure other property or its use, will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare, and will not substantially diminish or impair property values within the neighborhood.

(F)

The variation, if granted, will not alter the essential character of the neighborhood and will be consistent with the goals, objectives and policies set forth in the Comprehensive Plan.

(G)

With respect to building materials, unforeseen advances in technology, appearance or quality render a prohibited material to be suitable and in keeping with the appearance goals of this code when used in the form presented by the applicant.

(H)

When a variation is requested for a fence, the following approval standards apply, in addition to those of the variation. However, no one (1) of these factors shall be conclusive in determining whether a practical difficulty or particular hardship exists.

(i)

The type of street to which the fence will be oriented (e.g., arterial, collector, or residential), and the volume and speed of traffic regularly using such street.

(ii)

The extent to which fences of the same type sought by the applicant already exist in the immediate area and have been granted variations.

(iii)

The orientation and proximity of neighboring dwelling units and other structures to the proposed fence.

(iv)

The extent to which the proposed fence will utilize landscaping to minimize the visual impact of the fence.

(v)

The size of the zoning lots in the neighborhood, such that the larger the lots and the more open space, the less impact the fence can be expected to have on neighboring properties.

(vi)

The extent to which a fence of the same type sought by the applicant is for the replacement or repair of a previously or presently existing fence or portion thereof.

(vii)

The length of time that a non-conforming fence has existed on the property prior to the application.

(viii)

Whether a fence permit was issued at the time the fence was constructed and if the fence being replaced was required to obtain such a permit.

(2)

Section 30-5.16 (Special Rules Applicable to Units of Local Government) contains special rules and standards that apply to uses owned or operated by Units of Local Government.

(g)

Revocation of Variation. The approval of a variation by the Village Board is void if the recipient does not file an application for a building permit, certificate of occupancy or fence permit within six (6) months after the date of the ordinance granting the variation.

(h)

Extension of Variation. An applicant who has obtained approval of a variation may request an extension of this time period by filing a letter with the Zoning Administrator stating the reasons for the request. The Zoning Administrator may approve an extension of up to one (1) year when shown good cause by the applicant. Any subsequent extension requests or requests for an extension of more than one (1) year from the date of approval require Village Board approval.

(Code 1993, § 20-5.4; Ord. No. 2014-O-65, 11-11-2014; Ord. No. 2024-O-27, § 3, 4-24-2024)