F. - Variances.

1.

Authority: The village board, after receiving a report from the zoning board of appeals containing its findings and recommendations, may vary the regulations of this article if it finds that the variance requested is in harmony with their general purpose and intent and complies with all of the standards for variances established herein.

2.

Standards for variances: The zoning board of appeals shall not recommend nor shall the village board grant a variance from the regulations of this title unless it shall make findings based upon the evidence presented to it in each specific case that it has found that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulation.

3.

In addition, the zoning board of appeals may wish to consider the following when evaluating the petition:

a.

The variance is in harmony with the general purpose and intent of this title; and

b.

Strict enforcement of this title would result in practical difficulties or impose exceptional hardships due to special and unusual conditions which are not generally found on other properties in the same zoning district; and

c.

The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by this title; and

d.

The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

4.

Initiation and processing of variance:

a.

A variance may be proposed by a person being the owner, lessee or contract purchaser of the subject property by submitting a complete application packet. A complete application packet shall include:

1)

A letter of authorization (with notarized original signature) from the property owner granting the lessee or contractor purchaser of the subject property permission to file the petition;

2)

A completed application (form to be provided by the village clerk's office), with original signature;

3)

A plat of survey showing existing conditions of the site;

4)

A site plan illustrating proposal;

5)

A written statement indicating how the proposed variance conforms to the standards outlined in section F.2. above;

6)

Any other documentation the zoning board of appeals may deem necessary to render a decision; and

7)

Sixteen copies of items 1) [through] 6) above.

b.

An application for a variance may not be processed until an escrow account has been established in conformance with the municipal policy.

c.

The application packet shall be filed with the village clerk's office.

d.

Within ten business days, the village clerk shall contact the chairman of the zoning board of appeals and shall establish a public hearing date.

e.

Public hearing notification shall be as outlined in section E of this article.

f.

Within five business days of establishing the public hearing date, the village clerk shall send written notice to the zoning board of appeals members, the village board, the village attorney, and the village planner informing them of the hearing date. The notice to the village planner (or village president's designee) shall include a complete copy of the application packet.

g.

The village planner may provide a written report to the zoning board of appeals analyzing how the proposal does, or does not, comply with the zoning ordinance.

h.

At least 14 business days prior to the hearing date the village clerk shall send copies of the application to the members of the zoning board of appeals, village board and village attorney.

5.

Decision of the zoning board of appeals : Upon the conclusion of the public hearing, the zoning board of appeals may make a favorable recommendation, make a favorable recommendation with conditions, or make a recommendation to deny the petition to the village board. The favorable vote of four of the seven members of the zoning board of appeals shall be necessary to recommend the granting of a variance. Any petition that receives a recommendation to deny from the zoning board of appeals shall not be passed except by the favorable vote of two-thirds of the corporate authorities.

6.

Conditions and restrictions: The zoning board of appeals may recommend and the village board may impose conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this section. If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the variance is utilized or in effect.

a.

Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed variance.

b.

Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for variances.

c.

The variance shall be valid only if the conditions and restrictions imposed upon the premises are fulfilled.

7.

Effective Period of variance:

a.

No variance shall be valid for a period longer than one year from the date of the ordinance granting the variance unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period.

b.

Where conditions have not substantially changed since the date on which the variance was authorized, the owner of a parcel for which a variance has been authorized may, within three months prior to expiration of said variance, request the village board to extend the effective period of said variance for no more than one additional period of up to one year without reapplication to the zoning board of appeals.

c.

A variance shall not be valid if a building, structure or use of land for which a variance has been granted is destroyed or damaged by fire, collapse, explosion or other casualty or Act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the replacement cost of the building, structure or use of land at the time of destruction or damage.

d.

In the event such damage or destruction is less than fifty (50) percent of the replacement cost of the building, structure or use of land, the variance shall be valid only if such restoration is started within six months from the date of partial destruction and restoration proceeds and does not cease for a period of 60 days and completion is accomplished within 24 months from the date of partial destruction.