(a) Filing of Application. Two (2) copies of a completed application shall be filed with the Community Development Coordinator at least forty-five (45) days prior to a regularly scheduled meeting of the Planning and Zoning Board. Prior to accepting such application, the Community Development Coordinator shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application and application fee, as determined by the Community Development Coordinator, shall result in a refusal of acceptance.
(b) Planning and Zoning Meeting. The Planning and Zoning Board shall hold a public hearing on a Variance Application. The applicant must attend this hearing. At least ten (10) days before the hearing date, written notice of the meeting shall be given to the applicant and all property owners within 200 feet of the property in question.
(c) Actions of the Board. Within thirty (30) days after the public hearing, the Planning and Zoning Board shall either approve, approve with conditions, or disapprove the request for variance. The Planning and Zoning Board shall approve a variance or approve a variance with supplementary conditions only if the Board determines the applicant would have practical difficultly in meeting the Code requirements if a variance was not granted. Factors that should be considered when determining whether practical difficulties exist include, but are not limited to:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) 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;
(4) Whether the variance would adversely affect the delivery of governmental services (e.g. water, sewer, garbage, etc.);
(5) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance, and
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(d) Findings of Fact. The Board's determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(Ord. 19-20. Passed 11-4-20.)