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The City Planning and Zoning Commission shall adopt rules and regulations for the approval of plats. It shall have the power and authority, subject to the confirmation and approval of Council, to approve plats for the subdivision of land and to approve the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places. It shall act as an administrative board for recommendation to Council of any change, amendment or alteration to the Zone Map, any use district or any regulation affecting a use district, and shall return its recommendation to Council within forty-five days after the receipt of a request for such recommendation, except as otherwise specifically provided for in this Planning and Zoning Code.
(Ord. 44-1962. Passed 3-19-62; Ord. 55-2018. Passed 5-7-18.)
(a) The Planning and Zoning Commission shall have the power, upon application, to grant variances from the provisions and requirements of this Zoning Code. No variance shall be granted unless the Commission finds that the applicant has demonstrated practical difficulties that unreasonably deprive the applicant of the permitted use of the property.
(b) In granting a variance, the Planning and Zoning Commission may impose such requirements and conditions regarding the location, character, and other features of the proposed uses or structures as the Commission deems necessary to carry out the intent and purpose of this Zoning Code and to otherwise safeguard file public safety and welfare.
(c) Nothing in this section shall be construed as authorizing the Commission to affect changes in the zoning regulations or map, to add to the uses permitted in any district, or to approve a use on a property not otherwise authorized in the district in which the property is located.
(Ord. 55-2018. Passed 5-7-18.)
The Planning and Zoning Commission shall weigh the following factors in determining whether the applicant has encountered practical difficulties in the use of the property.
(a) Whether the conditions upon which the application for variance is based are unique to the property for which the variance is sought are not ordinarily found in other properties within the same zoning classification;
(b) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(c) Whether the variance is substantial;
(d) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
(e) Whether the variance would adversely affect the delivery of governmental services;
(f) Whether the property owner purchased the property with the knowledge of the zoning restrictions;
(g) Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and
(h) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(Ord. 55-2018. Passed 5-7-18.)
Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.