A. It is the intent of this title to use the variation only to modify the application of this title to achieve a parity among properties similarly located and classified. Specifically, the variance is to be used to overcome some exceptional physical condition which poses practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his or her property as intended by the zoning ordinance. The applicant shall pay a thirty-five dollars fee to the village clerk to help defray the cost to the village of the variance.

1. Application. After denial of a building permit by the zoning administrator, a property owner may apply to the zoning board for a variation using forms obtainable from the zoning administrator.

2. Public Hearing. Upon receipt of an application for a variation, the zoning board of appeals shall, within a reasonable amount of time, hold a public hearing and make a decision. Notice of public hearing shall be published at least once, not more than thirty days, nor less than fifteen days before the hearing, in a newspaper published in the village. In addition, all landowners within two hundred fifty feet of the property in question shall be notified by mail of the hearing.

3. Decision by Zoning Board of Appeals. Once the public hearing has been held, the zoning board of appeals shall approve, conditionally approve or deny the request for a variation. Every decision concerning a variation must be accompanied by written findings of fact, which shall specify the reasons for making the variation.

4. Conditional Approval. The zoning board of appeals may make the granting of a variation contingent upon the acceptance of conditions imposed by the zoning board to protect neighboring property. These conditions of approval shall be set forth in a written statement separate from the findings of fact.

B. Standards for Variations. The zoning board may grant a variation whenever it shall have determined, and placed in its records, that all of the following conditions have been met:

1. That special circumstances or conditions such as exceptional narrowness, topography, or siting, fully described in the report of the zoning board, apply to the land for which a variation is sought, and that those conditions do not apply generally in the zone;

2. That the special circumstances or conditions have not resulted from any act of the applicant subsequent to the adoption of the ordinance codified in this title, whether or not in violation of the provisions thereof;

3. That, for reasons fully set forth in the report of the zoning board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of any reasonable use of his or her land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of land;

4. That the variation granted is the minimum adjustment necessary for the reasonable use of the land;

5. That the granting of any variation is in harmony with the general purposes and intent of this title, and will not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the village’s comprehensive plans for development. (Zoning ordinance dated 6/3/03 § 15-10.0)