(a) Application. An application for variance shall be submitted to the Planning Commission along with the appropriate scheduled fee. The applicant shall, upon the request of the Building Inspector, submit evidence that the applicant controls the property by ownership, option or lease. Applicable plans, drawings, and description of use and the proposed site shall accompany the application.
(b) Notice. The Commission shall hold a public hearing on each application for a variance and shall give at least fourteen (14) days’ notice of the time and place thereof by electronic mail to individuals and organizations who have filed a request for such notices with the Clerk of Council and by any two (2) of the following methods:
(1) Publication in a newspaper of general circulation in the City;
(2) Posting on the City website;
(3) Posting on the bulletin board at City Hall.
During such fourteen (14) days, the application, together with any maps, plans and reports submitted to the Planning Commission, shall be on file for public examination in the office of the Clerk of Council or in such office as is designated by the Planning Commission.
For each variance request, written notice of the hearing shall also be mailed by the Planning Commission by first class mail at least ten (10) days before the date of the public hearing to owners of property contiguous to and directly across the street from the parcel or parcels which are the subject of such request. Such notice shall be sent to the addresses of owners appearing on the County’s current tax list or mailing list and to such other list or lists as may be specified by the Planning Commission. The failure of delivery of such notice shall not invalidate any such variance.
(c) Authority. The Planning Commission shall have the authority to:
(1) Permit the extension of a building or use into a more restricted district immediately adjacent thereto, but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized;
(2) Permit the substitution or extension of a non-conforming use or building upon the lot occupied by such use or building at the time of the passage of this Zoning Code.
(3) Permit such modification of the yard or lo area of width regulations as may be necessary to secure an appropriate improvement of a parcel of land that is too small to be appropriate improved without such modification, which parcel was separately owned at the time of passage of this Zoning Code or is adjacent to buildings that do not conform to the general restrictions applicable to their location;
(4) Permit the erection, in any height district, of a building or portion of buildings, covering not over twenty-five percent of the area of the lot, to a height in excess of the limits prescribed in this Zoning Code.
(5) Authorize, upon appeal, in specific cases, such area variances from the terms of this Zoning Code as will not be contrary to the public interest, where, owing to special conditions or unique circumstances, a literal enforcement of the provisions or requirements of this Zoning Code will result in practical difficulty and so that the spirit of this Zoning Code shall be observed and substantial justice done.
(d) Findings. The Planning Commission shall consider the following when making positive findings of fact as to whether or not a practical difficulty exists for the approval of a variance request:
(1) Whether the property in question will yield a reasonable return and whether there can be any beneficial use of the property without the variance.
(2) Whether the variance is substantial.
(3) Whether the essential character of the neighborhood will be substantially altered and whether adjoining properties will suffer interference with their proper future development and rights as a result of the variance.
(4) Whether the variance will adversely affect the delivery of governmental services (i.e. water, sewer, garbage, fire, police or other).
(5) Whether the property owner purchased the property with knowledge of the zoning restriction.
(6) Whether the property owner’s predicament can be obviated through some other method other than a variance.
(7) Whether the spirit and intent of the Zoning Code will be observed and substantial justice done by the granting of the variance.
(8) Whether the granting of the variance will be contrary to the general purpose, intent and objective of the district.
(9) Whether the variance request arises from a condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity;
(10) Whether the practical difficulty is created by the Zoning Code and not by any action or actions of the property owner or the applicant.
(11) Whether the variance desired will adversely affect the public health, safety or general welfare;
(12) Whether the variance requested is the minimum variance necessary to afford relief to the property owner.
(e) Action. Actions by the Planning Commission on appeals and variances shall be made in accordance with Section 1220.02(b).
(f) Time Limit. Variances shall become null and void if the use is not established or the building is not completed within one (1) year of the date the Planning Commission’s action becomes final or such other time frame as the Planning Commission may establish.
(Ord. 2013-13. Passed 9-25-13.)