(a) In cases where variances from the dimensional standards of the City of Parkersburg Zoning Ordinance are deemed necessary, said variances shall be granted by the Board of Zoning Appeals subject to the procedures and standards outlined in the City of Parkersburg Zoning Ordinance.
(b) Waivers from standards contained in the City of Parkersburg Condominium Ordinance may be granted by the Municipal Planning Commission. The Municipal Planning Commission shall consider input from the appropriate public authority(s) in making its recommendation.
(1) In making its findings the Planning Commission shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons proposed to reside or work in the subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. The Planning Commission shall include its findings and the specific reasons therefore in a report of recommendations to the City Council and shall also record its reasons and actions in the minutes.
(2) The Planning Commission shall only recommend waivers that it deems necessary or desirable for the public interest. No waiver shall be recommended unless the Planning Commission finds the following:
A. That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this article would clearly be impractical or unreasonable. In such cases, the proprietor shall first state his/her reasons in writing as to the specific provision or requirements involved and submit them to the Planning Commission.
B. That the granting of the specific waiver will not be detrimental to the public welfare or injurious to other property in the immediate area.
C. That such waiver will not have the effect of nullifying the interest and purpose of this article and the Comprehensive Master Plan of the City of Parkersburg.
(c) Application for any waiver or variance shall be submitted in writing by the proprietor at the time the preliminary plan is filed, stating fully and clearly all facts relied upon by the proprietor and shall be supplemented with maps, plans, or other additional data which may aid in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
(Ord. 0-1344. Passed 5-12-09.)