(A) Application and fee.
(1) An application for a variance shall be accompanied by a fee which is established by Council.
(2) The initial fee for an application of variance is $100.
(B) Hearing of the Planning Commission.
(1) The Planning Commission shall fix a reasonable time, not more than 45 days, for the hearing of an application for variance, giving public notice thereof at least ten days to parties in interest, and decide the variance within a reasonable time after it is submitted. At this hearing, any party may appear in person or by attorney.
(2) Upon the day for hearing any application for variance, the Planning Commission may adjourn the hearing in order to permit the obtaining of additional information, to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in the application for variance. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Planning Commission so decides.
(C) Decision of the Planning Commission.
(1) The Planning Commission shall decide all applications for variances within 30 days after the final hearing thereon.
(2) A copy of the Planning Commission's decision shall be transmitted to all parties in interest and to Village Council. At the next regularly scheduled meeting of the Village Council, Council shall set forth the recommendation of the Planning Commission in resolution form. The Village Council shall either adopt or deny the resolution, or adopt some modification thereof. In the event the Village Council modifies the recommendation of the Commission, an affirmative vote of at least three-fourths of the full Village Council shall be required to enact such modification. The affirmative vote of at least a majority of full Council shall be required to adopt any recommendation of the Planning Commission. Any recommendation that does not receive at least an affirmative majority vote of full Council shall be deemed denied and rendered ineffective. No such resolution shall be passed unless it has been read on three different days except that such resolution may become emergency legislation if the Village Council votes to dispense with this rule.
(D) Variances.
(1) Variances may be authorized whereby reason of exceptional narrowness, shallowness, shape, or exceptional topographic conditions, or other extraordinary situations or conditions of the coastal area or the immediate upland premises that the strict application of this chapter would result in peculiar and exceptional difficulties or work hardship upon the owner thereof, unless relief could be granted by a variance without substantial detriment to the public good and without substantially impairing the intent of this chapter, and providing further that;
(2) No variance shall be granted unless the Planning Commission finds that the following conditions exist:
(a) The granting of the application is necessary for the preservation and enjoyment of the substantial property right and not merely to serve as a convenience to the applicant; and
(b) The authorizing of the variance does not increase the danger of fire or imperil public safety or unreasonably diminish or impair the established property values within the surrounding areas, or in any way impair the aesthetic, natural, or historic use of land over the health, safety, convenience or general welfare of the inhabitants of the community.
(Ord. 20, 1991, passed 11-11-1991; Am. Ord. 3, 2006, passed 2-9-2006; Am. Ord. 6, 2007, passed 5-10-2007)