(a) Applications for a variance made to the Planning Commission shall be filed with the Zoning Inspector on a form provided for this purpose. The application shall refer to the specified provision of the Zoning Ordinance to be varied and shall be accompanied by the appropriate fee required by Section 1149.04.
(1) Not more than one variance fee per residential property may be charged for each hearing.
(2) Commercial variance fees not to exceed $450.00.
(Ord. 16-37. Passed 12-7-16.)
(b) Hearing Procedure.
(1) Upon receipt of a variance application, the Clerk of Council shall give notice by first-class mail at least ten days prior to the date of the scheduled public hearing, stating the time, place, date and purpose of the hearing to all owners of properties within, contiguous to, and directly across the street from the parcel or parcels involved. The notice shall be mailed to the address listed in the current County Auditor’s tax duplicate. The failure of delivery of such notice shall not invalidate any subsequent action with respect to the proposed variance.
(2) The Planning Commission may recess hearing(s) from time to time, and if the time and place of the continued hearing are publicly announced at the time of adjournment, no further notice will be required.
(3) The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon questions, or if absent or failing to vote, it shall indicate such fact, and file and record its proceedings in the Clerk of Council’s office, and the same shall be public record.
(4) At hearings on applications for variance, all testimony shall be received under oath or affirmation, a verbatim record of the proceedings shall be kept, the application shall be allowed upon application and deposit of fees to the issuance of subpoenas for the attendance of witnesses. All testimony shall be subject to cross-examination.
(5) The Planning Commission shall act on the appeal with a reasonable time after the conclusion of hearing proceedings not to exceed sixty days and advise the applicant in writing thereof.
(Ord. 02-26. Passed 5-16-02.)