(A) Planning Commission. The Planning Commission shall have the power and duty of hearing and recommending to the Council as herein provided, appeal or requests in the following cases.
(B) Variances. No variance shall be granted unless adequate evidence is produced showing:
(1) Extraordinary circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same classification.
(2) Necessity. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
(3) Not detrimental. That the granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. In granting a variance, the Board and the Council may impose conditions to insure compliance and to protect adjacent properties.
(C) Application procedure. Variance applications are subject to the following procedures:
(1) Initiation. Initiation of the application may be made by any person having ownership interest in the parcel described in the application.
(2) Application. Application shall be made upon forms approved by the Zoning Administrator together with such applicable plans and information required by this chapter and the Zoning Administrator. Applications shall be received by the Zoning Administrator and subsequently shall be submitted to the Planning Commission.
(3) Professional survey. A professional survey drawing prepared by a licensed land surveyor is required which identifies the location of all property lines in relationship to the proposed variance request.
(4) Notice. Upon receipt of an application the Zoning Administrator shall cause to have published in the official newspaper a notice of hearing. Adjacent property owners within 350 feet of the affected property shall be notified by registered mail. The notices shall describe the purpose of the hearing and a brief description thereof. Publications and mailing notices shall not be less than 10 days nor more than 30 days prior to the date of hearing. Failure of any adjacent property owner to receive notice, once reasonable attempt has been made, shall not invalidate the proceedings.
(5) Hearing. Upon evidence that adequate notice has been served the Planning Commission shall hold at least one public hearing on each application. The applicant or a duly authorized representative shall be present at the public hearings. Absence of the applicant or a duly authorized representative shall be sufficient cause to deny the application.
(6) Report. The Planning Commission shall report its proceedings together with its recommendations to the Council subject to the standard set in § 155.25, 60-Day Review Process.
(7) Action. Upon receipt of the Planning Commission's report the Council may hold whatever public hearings it deems advisable. The Council shall take action on the application.
(8) Review. It shall be the duty of the Zoning Administrator to report annually on all applications granted in the last year so as to advise the Planning Commission and Council of their conformance status.
(9) Denial. No application denied shall be resubmitted for a period of 6 months from the date of the denial, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(Ord. 220, passed 6-3-2002)