(a) Filing of Application. A written application for a Variance and twelve (12) 11" by 17" size copies and two (2) full size copies of all supporting information shall be filed with the Planning and Zoning Administrator at least twenty-one (21) days prior to the Planning and Zoning Commission meeting date. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with Chapter 1147. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete Variance Application shall be reviewed by Village officials until all required information has been received by the Planning and Zoning Administrator.
(b) Public Hearing. The Planning and Zoning Commission shall hold a public hearing promptly. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(c) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing on the website of the City of Canal Winchester. Such notice shall include the time and place of the public hearing and the nature of the proposed variance(s).
(d) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, certified mail, at least ten (10) days prior to the date of a scheduled public hearing to all property owners as listed under Section 1147.02(c) (5). The notice shall correspond to subsection (c) hereof in content.
(e) Recommendation from the Landmarks Commission. Variances to Section 1175.01 (Old Town Overlay District) shall require a recommendation from the Landmarks Commission prior to the public hearing held by the Planning and Zoning Commission. The Landmarks Commission shall consider variance applications per the criteria of approval found in Section 1147.03.
(f) Procedure at Hearing. Within thirty-five (35) days of the public hearing, the Planning and Zoning Commission shall review the application and render one of the following decisions:
(1) Approval of variance(s) as requested.
(2) Approval of variance(s) with modifications.
(3) Disapproval of variance(s).
The Commission shall apply criteria in Section 1147.03 in reaching its determination. In approving a variance(s), the Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed herein.
The Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed.
(Ord. 23-005. Passed 2-6-23.)