(A) Any development proposed that does not conform to any of the “standards of development” in this chapter must obtain a variance. A variance shall not be granted unless the variance is found to meet the requirements of division (B)(5) below. In granting a variance, any reasonable conditions may be imposed to minimize any adverse effects the variance might otherwise have on property within the area of notification or on the city generally.
(B) (1) An application for a variance shall be submitted to the city by the owner of the property that is the subject of the variance request or by the owner’s agent. A completed copy of the application, an appropriate site plan that meets the criteria set forth in this chapter and a non-refundable filing fee shall be submitted to the Zoning Administrator.
(2) The Zoning Administrator may grant an administrative variance request. The governing body may grant administrative variances for clear sight triangle variances only, under the following circumstances.
(a) The variance would represent a deviation of 20% or less from a numerical standard.
(b) The Zoning Administrator finds that the request meets the standards set forth in division (B)(5) below.
(c) No written objections to the variance are received within 15 calendar days from the date that notice is provided consistent with § 150.025. The notice shall identify the property and state the nature of the variance requested and shall also state that, if no written objections to the variance are received within 15 calendar days of the date of the notice, the variance may be granted administratively without a hearing, and that if written objections are received within that 15-day period, the variance request will be submitted to the Planning and Zoning Commission for a public hearing upon payment of the variance fee.
(d) A denial by the Zoning Administrator under this division (B)(2)(d) may be appealed to the Planning and Zoning Commission.
(3) The Zoning Administrator shall submit all applications for variances that represent a deviation of more than 20%, along with the required site plan and the Zoning Administrator’s findings of fact and recommendations, to the Planning and Zoning Commission for the earliest hearing practicable.
(4) A denial of a variance by the Planning and Zoning Commission may be appealed to the governing body of the city.
(5) The following findings are required for approval of any variance:
(a) Granting of the variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the area of notice;
(b) Granting of the variance is justified because there is a physical hardship or extraordinary economic hardship for the applicant resulting from the size, shape, existing structures or topographical or other physical conditions on the site or in the area of notice; and
(c) Granting the variance will uphold the spirit and intent of this chapter and accomplish substantial justice.
(Ord. 2010-018, passed - -) Penalty, see § 150.999