§ 20-129. Standards to be applied to applications for exceptions.

(a)

Relief from the strict application of the standards set forth in section 20-126 shall be granted by the Village Engineer when the petitioner:

(1)

Has demonstrated that:

a.

The particular physical conditions, shape, or surroundings of the property would impose upon the owner a practical difficulty or particular hardship, as opposed to a mere inconvenience, if the requirements of section 20-126 were strictly enforced; and

b.

The plight of the property owner was not created by the owner and is due to unique circumstances associated with the property itself; and

c.

The difficulty or hardship is peculiar to the property in question and is not generally shared by other properties in the same neighborhood; and

d.

The difficulty or hardship resulting from the strict application of the standards set forth in section 20-126 would prevent the owner from making a reasonable use of that the property; however, the fact the property could be utilized more profitably with the requested relief than without the requested relief shall not be considered as grounds for granting the requested relief; and

e.

The proposed driveway will not create an unusual danger to pedestrians or other users of the public sidewalk and/or parkway, or otherwise endanger the public health, safety and welfare; and

f.

The proposed driveway will not require the removal, relocation or disruption of public facilities or public utilities, or require the removal of parkway trees of such a size that they cannot be replaced with compensatory plantings of substantially the same diameter or size; or

(2)

Has demonstrated that the strict application of the standards set forth in section 20-126 would be inconsistent with the requirements of applicable state or federal laws or regulations; or

(3)

Has demonstrated that unusual circumstances affecting the property or the owners or occupants of the property would create a hardship on the owners or occupants of such a substantial and unusual degree that the strict application of the standards set forth in section 20-126 would be arbitrary, capricious, and unreasonable, and bear no substantial relationship to the public health, safety, or general welfare sufficient to outweigh the hardship to the owners or occupants.

(b)

The following shall not be considered as evidence supporting a determination that a petitioner has satisfied the standards for relief set forth in subsection (a) of this section:

(1)

The property may be utilized or developed more profitably or will have a higher value with the proposed driveway.

(2)

The proposed driveway is desired for aesthetic reasons.

(3)

The proposed driveway is desired or needed for parking or storage.

(4)

The driveway is desired to construct or install a circular driveway.

(5)

The proposed driveway will enable vehicles to be parked or stored closer to the principal structure than possible with alley access, excepting cases where proximity to the principal structure is intended to facilitate access by an occupant who is a person with a disability.

a.

The fact that evidence proffered by a petitioner is not included in the foregoing list shall not necessarily imply that said evidence is either relevant or probative to the merits of the petition.

b.

The provisions of subsection (a) of this section shall not be interpreted as permitting relief from the strict application of the standards set forth in section 20-126 when the use of the driveway requested would result in a violation of the Zoning Ordinance and the petitioner has not obtained a variance under the provisions of the Zoning Ordinance, appendix A.

(c)

In the event that the Village Engineer grants an authorized exception, the Village Engineer shall condition the installation of the new driveway on compliance with all applicable construction standards for the public ways set forth in this chapter, and additionally, may condition the installation of the driveway thereby approved on the performance of other conditions or improvements bearing a substantial relationship to the impact or effects of the construction proposed and the burden placed by said construction on the public way. Such conditions may include, but are not limited to:

(1)

Use of pervious material that promotes stormwater infiltration and reduces runoff.

(2)

Compensatory planting of trees removed or damaged due to construction of the driveway.

(3)

Restoration of the adjacent public way disturbed by construction of the driveway to its previous condition, including new top soil and sod as needed.

(4)

Removal of other driveways across the public right-of-way which serve the subject property and complete restoration of the public way to a condition uniform with its surroundings, including new top soil and sod.

(5)

The applicant's execution of a waiver of responsibility in favor of the village concerning the replacement of non-standard driveway materials, as provided in section 20-123.

(Code 1993, § 16-10.6.2; Ord. No. 97-O-99, 11-11-1997; Ord. No. 98-O-38, 5-26-1998; Ord. No. 2010-O-30, 5-25-2010)