§ 58-140. Grounds for variance.

Where the Village Board finds the existence of extraordinary circumstances related to the topography or other conditions beyond the control of the developer, the Village Board may waive the application of specific standards set forth in this Chapter upon a finding of the existence of the following conditions:

(1)

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the developer would result as distinguished from a mere inconvenience if the regulations were strictly applied to the property;

(2)

The conditions are unique to the property for which a waiver is sought and are not applicable generally to other undeveloped parcels or property;

(3)

The purpose of the requested waiver is not based exclusively upon economic considerations;

(4)

The alleged difficulty or hardship is caused by the application of the regulations in this title and has not been created by any persons having an interest in the property; and

(5)

The waiver would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

(Ord. No. 1553, § 38, 2-14-2008)