§ 14.07. Variations.

1.

Authority. The Planning and Zoning Board shall decide variations of the provisions of this ordinance in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the Planning and Zoning Board shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this ordinance.

2.

Initiation. An application for a variation may be made by any person, firm, or corporation, or by any office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate or occupancy certificate.

3.

Processing. An application for a variation shall be filed with the City Clerk. The City Clerk shall forward such application to the Planning and Zoning Board for processing in accordance with applicable statutes of the State of Illinois, and the provisions of this ordinance.

No variation shall be made by the Planning and Zoning Board except after a public hearing before the Planning and Zoning Board, of which there shall be a notice of time and place of the hearing published at least once—not more than 30 nor less than 15 days before the hearing—in one or more newspapers with a general circulation within Pontiac; and a written notice is served at least 15 days before the hearing on the owners of the properties located adjacent to the location for which the variation is requested.

4.

Decisions. All final administrative decisions and findings of the Planning and Zoning Board on variations arrived at after the hearing shall be accompanied by findings of fact specifying the reason or reasons for approving or disapproving the variation and shall be final and subject to judicial review only in accordance with applicable statutes of the State of Illinois.

5.

Standards:

a.

The Planning and Zoning Board shall not vary the provisions of this ordinance, as authorized in this section, unless it shall have made findings based upon the evidence presented to it in the following cases:

(1)

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

(2)

That the plight of the owner is due to unique circumstances; or

(3)

That the variation, if granted, will not alter the essential character of the locality.

b.

A variation shall be permitted only if the evidence, in the judgment of the Board of Appeals, sustains each of the three conditions enumerated above.

c.

For the purpose of supplementing the above standards, the Planning and Zoning Board, in making this determination whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

(1)

That the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

(2)

That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoned classification;

(3)

That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

(4)

That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

(5)

That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; or

(6)

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

d.

The Planning and Zoning Board may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this ordinance.

6.

Authorized Variation. Variations from the regulations of this zoning ordinance shall be granted by the Planning and Zoning Board only in accordance with the standards set out in this section, and may be granted only in the following instances, and in no others:

a.

To permit up to a 25 percent reduction in the front, side or rear yard required by this ordinance.

b.

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than 90 percent of the required lot area; and provided that the Planning and Zoning Board in considering any request for permission to build upon an undersized tract including an undersized platted lot or combination of undersized platted lots shall whenever such combination is possible require that two or more undersized lots be combined or redivided into building sites of at least or substantially the size required by this ordinance.

c.

To permit the use of a lot less in width by not more than 17 percent of the lot width as required by this ordinance.

d.

To permit off-street parking facilities to qualify as required facilities for two or more uses, provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

e.

To reduce the applicable number of off-street parking or loading spaces required by not more than one parking space or loading berth or 20 percent of the applicable regulations, whichever number is greater.

f.

To permit in a residence district for a period of not longer than six months from the date of issuance of variation, a temporary use for commerce or industry incidental to residential development.

g.

To permit, for a limited period of time, in any district, temporary uses that are of a seasonal or periodic nature.

h.

To extend the period of time a non-conforming use may continue or remain.

i.

To exceed any of the authorized variations allowed under this section, when a lot of record or zoning lot, vacant or legally used on the effective date of this ordinance, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

j.

To permit signs of a greater height or surface area than permitted herein but by no more than 25 percent of the applicable regulations.

7.

Other Variations. Variations other than those listed above may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation, and a report from the Planning and Zoning Board recommending the variation. The concurring vote of 2/3 of all the members of the City Council shall be necessary to reverse the recommendation of the Planning and Zoning Board.

(Ord. No. 2000-O-030, § 3, 9-18-00)