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Zoning Variation

Application for Development Review

What is a Zoning Variance?

A zoning variance is a modification of the specific requirements of the zoning ordinance granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties similarly located and zoned.  Only in specific instances where the application of the strict letter of the regulations of the Zoning Code create practical difficulties or particular hardship for the owner, lessee, or occupant of land, buildings, or other structures, shall a zoning variance be considered.

What Types of Variances Will be Considered?

The following  will be considered:

1. To permit any yard less than the yard required by the applicable regulations;

2. To permit any buildings or structure to exceed the height limitations imposed by the applicable regulations;

3. To permit construction on a lot that does not meet minimum lot size requirements.

4. To permit the same off-street parking facility 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;

5. To reduce the applicable off-street parking requirements;

6. To increase by not more than twenty-five percent the maximum distance that required parking spaces are permitted to be located form the use served;

7. To permit such other variations from specific standards within Title 19 as circumstances may justify.

What are the Requirements or Standards for Seeking a Variance?

A variance will be approved by the Village Board only when it is determined through the public hearing process that, in each specific case, the evidence presented will support the following conclusions (Section 19.13.030 (H)):

1. The particular physical surroundings, shape or topographical condition of the specific property involved would result in a practical difficulty or particular hardship upon or for the owner, lessee or occupant, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

2. The plight of the owner is due to unique circumstances;

3. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;

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

5. The granting of the variations will not alter the essential character of the locality;

6. The proposed variations will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property within the neighborhood.

What is the Approval Process for a Variation Request?

In order to have a variance request considered, an application or petition for the variance must be filed with the Community Development Department along with a current plat of survey of the subject site, the required legal documentation as outlined in the application and the appropriate filing fee.  Within 90 days after the filing of the application, a public hearing will be scheduled.

Notice of the hearing will be published at least once, not more than thirty nor less than fifteen days before the hearing, in one or more newspapers generally circulated within the Village.  In addition, a public hearing sign will be posted by the Village of Wheeling (Public Works Department) at least fifteen (15) days in advance of the public hearing date.  The sign will be picked up by Public Works personnel after the final recommendation has been made by the Commission.

At the public hearing before the Zoning Board of Appeals (or Plan Commission), testimony will be taken to determine if the standards for variance, outlined above, have been met.  The Zoning Board of Appeals' (or Plan Commission's) Findings of Fact and Recommendation will then be forwarded to the Corporate Authorities for final action.

Petitioner must provide Written Notice as required under Sections 19.13.050. and 19.13.030 (H).  An Affidavit of Compliance certifying this requirement has been fulfilled must be in the docket file prior to the hearing.

For further information, contact the Community Development Department at (847) 459-2620.