§ 50-33. Exceptions and modifications.

Where, in the judgment of the plan commission, it would be inappropriate to apply literally the provisions of article III and article IV of this chapter because of the proposed subdivision being located outside of the corporate limits, or because exceptional or undue hardship would result, the village board, upon recommendation of the plan commission, may waive or modify any requirement to the extent deemed just and proper. Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the community in accordance with an adopted comprehensive plan or component thereof. No exception or modification shall be granted unless the plan commission finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:

(1)

Exceptional circumstances. There are exceptional, extraordinary or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed.

(2)

Preservation of property rights. Such exception or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.

(3)

Absence of detriment. The exception or modification will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(4)

Minimum required. A minimum of six affirmative plan commission member votes shall be required to recommend any exception or modification of this chapter to the village board. A simple majority vote of the plan commission quorum shall be required before recommending any exception or modification of this chapter to the village board, and the reason shall be entered into the minutes of the plan commission.

(Ord. No. 802-13, § 1(Att.), 4-22-2013)