(a) Hearing and Notice. The Planning Commission shall schedule a hearing to review the variance application and give notice of the same.
(1) Upon such application being filed, the Chief Building Official shall provide written notice to the owners of all properties directly contiguous to the property for which the variance is requested.
(2) Such notice shall be provided by first class mail, at least fifteen (15) days before the date of the Planning Commission hearing at which the variance will be considered. Such notice shall be mailed to the address of such property owners appearing on the County Auditor's current tax list. The failure of delivery of such notice shall not invalidate any determination made by the Planning Commission.
(b) Factors For Review of Variance Application. The Planning Commission shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty or unnecessary hardship, depending on the type of variance requested. The Planning Commission shall not grant a variance unless it shall, in each case, make specific findings of fact directly based upon the particular evidence presented to it from the factors below.
(1) On appeal where there is unnecessary hardship the Planning Commission may grant a use variance in the application of the provisions of the Zoning Ordinance only if all of the following findings are made:
A. That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Code in the neighborhood or district in which the property is located.
B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed, further developed, or used in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. That such unnecessary hardship has not been created by the appellant.
D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2) On appeal where there is practical difficulty the Planning Commission may grant an area variance in the application of the provisions of the Zoning Code. The following factors shall be considered and weighed by the Planning Commission when determining whether the applicant will experience practical difficulties:
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
B. Whether the variance is substantial.
C. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
D. Whether the variance would adversely affect the delivery of governmental services.
E. Whether the property owner purchased the property with knowledge of the zoning restriction.
F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(c) Requests for Additional Information. The Planning Commission may request that the applicant supply additional information that the Planning Commission deems necessary to review and evaluate the request for a variance.
(Ord. 2016-07-24. Passed 8-3-16.)