The Planning Commission shall have the following powers, in addition to those prescribed by the Ohio Revised Code.
(a) Appeals. To hear and decide appeals where it is alleged there is error in any order requirement, decision or determination made by the City Engineer in the enforcement of this Zoning Ordinance, including but not limited to the imposition of building and zoning penalties levied by him.
(Ord. 280(00-01). Passed 12-6-01.)
(b) Special Exceptions. To authorize, upon application, special exceptions to the terms of this Zoning Ordinance in such cases as are herein expressly provided for, in harmony with the general purpose and intent of this Zoning Ordinance, and the provisions thereof. Wherever in this Zoning Ordinance the specific conditions and safeguards are prescribed for the granting of special exceptions, the Planning Commission shall have the power to impose such additional conditions and safeguards as may be appropriate.
(c) Variances.
(1) To authorize upon appeal, in specific cases, such variances from the terms of this Zoning Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship solely through the manner of operation of this Zoning Ordinance upon the particular property in question, and so that the spirit of this Zoning Ordinance will be observed and substantial justice done.
A. The Planning Commission may grant temporary and conditional variances for periods not to exceed one year.
B. Without limiting the reasons for granting a variance, a variance may be granted to permit such modifications of the lot dimensions and lot area regulations, or the front, rear and side yard regulations, as may be necessary to secure appropriate improvement of a zoning lot which is of such topography or restricted area that it cannot be appropriately improved without such modifications.
(2) In granting a variance the Planning Commission may impose appropriate conditions and safeguards.
(3) In granting a variance the Planning Commission must find that the granting of the variance will not materially adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.
(4) In exercising the abovementioned powers, the Planning Commission may reverse or affirm, wholly or partly, or may modify, the order, requirements, decision or determination appealed from, and may make such order, requirements, decision or determination as ought to be made. Notification of such decision shall forthwith be given to all parties in interest.
(5) Every such variance granted by the Planning Commission shall be accompanied by a finding of fact specifying the reasons for the granting of such variation.
(Ord. 81(66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)