The Cardington Planning and Zoning Commission may authorize upon appeal in specific cases and subject to appropriate conditions such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where it is a conforming use of land, and owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. No nonconforming use of lands, structures, or buildings in the same or in other districts shall be considered grounds for issuance of a variance.
(a) Application and Standards for Variances. A variance from the terms of this Zoning Ordinance shall not be granted by the Cardington Planning and Zoning Commission unless and until a written application for a variance is submitted to the Zoning Inspector and the Cardington Planning and Zoning Commission containing:
(1) Name, address, and phone number of applicant(s);
(2) Legal description of property;
(3) Description of nature of variance requested;
(4) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
B. That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance;
C. That special conditions and circumstances do not result from the actions of the applicant;
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Ordinance to other lands, structures, or buildings in the same district.
(5) A list of the property owners and their addresses, contiguous to and directly across the street(s) from the property for which the variance is proposed.
(b) Supplementary Conditions and Safeguards. In granting any appeal or variance, the Cardington Planning and Zoning Commission shall prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Ordinance. Under no circumstances shall the Cardington Planning and Zoning Commission grant an appeal or variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in said district.
(c) Public Hearing by Planning and Zoning Commission. The Cardington Planning and Zoning Commission shall hold a public hearing not less than thirty (30) days after the receipt of an application for an appeal or variance from an action of the Zoning Inspector or an applicant. A recording shall be made of the proceedings.
(d) Notice of Public Hearing in Newspaper. Before holding the public hearing required in subsection (c) hereof, notice of such hearing shall be given in one or more newspapers of general circulation in Cardington, at least fifteen (15) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(e) Notice to Property Owners. Before holding the public hearing required in subsection (c) hereof, written notice of such hearing shall be mailed by the Clerk of the Cardington Planning and Zoning Commission, by first class mail, at least fifteen (15) days before the day of the hearing to those property owners in interest including those identified in subsection (a)(5) hereof. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (d) hereof.
(f) Action by the Cardington Planning and Zoning Commission. Within fifteen (15) days after the public hearing required in subsection (c) hereof, the Cardington Planning and Zoning Commission shall either approve, approve with supplementary conditions as specified in subsection (b) hereof, or disapprove the request for appeal or variance. The Cardington Planning and Zoning Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the applicant may seek relief through the Court of Record. (Ord. 97-3. Passed 5-19-97.)