(A) When the subdivider can show that a provision of these regulations would cause unnecessary hardship because of topographical or other physical conditions unique to the site and in the opinion of the Planning Commission a departure may be made without destroying the intent of such provisions, the Commission may approve a variance. Any variance that is approved is required to be entered in writing in the minutes of the Planning Commission along with the reason for which such departure was justified.
(B) Except for public agencies, each applicant for a variance shall, at the time of making application, pay a fee as established by City Council. The City of Dillon will notify all adjoining property owners of the hearing. At the hearing any party may appear in person or by agent or attorney.
(C) Applications for variances (or notarized consent statement) must be signed by the property owner and filed by the first Thursday of the month in order to be placed on that month's Planning Commission agenda. The Planning Commission must decide on the variance within forty (40) days of the hearing.
(D) Any variance having been denied, shall not be resubmitted to the Planning Commission for a period of one (1) year, unless conditions have changed substantially, and the Board votes unanimously to rehear the matter.