(A) Variances. The following procedure applies to variance petitions:
(1) Submit a variance application, required supportive information and application fee 30 days prior to the regularly scheduled Board of Zoning Appeals meeting;
(2) Plan Commission will review the variance application and required supportive information and make a favorable or unfavorable recommendation to the Board of Zoning Appeals;
(3) BZA will then review the variance application, required supportive information and opinion of the Plan Commission in a public meeting. The BZA may approve, deny or table the petition. The BZA may add conditions to an approval. Approvals shall only be granted upon finding of fact that there is a hardship; and
(4) The intensity of the variance may be reduced at the public hearing if approved by the BZA.
(B) Special exceptions. The following procedure applies to special exception petitions:
(1) Submit a special exception application, required information and application fee 30 days prior to the regularly scheduled Plan Commission meeting;
(2) The Plan Commission shall review the application, required information and testimony from the petitioner and public. The Plan Commission shall then make a favorable, unfavorable recommendation to the BZA; and
(3) The BZA shall then review the special exception application, required information, opinion of the Plan Commission, testimony of the petitioner and testimony of the public at its next regularly scheduled public meeting. The BZA may (the Board has discretionary powers) approve, deny or table the petition. The BZA may add conditions to an approval.
(Ord. 2002-05, passed 12-30-2002, § 14.1)