(A) Procedure. All completed applications for variances filed with the Planning Commission shall be scheduled for hearing and heard, subject to rules adopted by the Planning Commission relating to the timing or completeness of submissions, not later than the second regular meeting to occur after the submission of the application, unless extended upon written request of the applicant. The Planning Commission by motion may at any time request additional information or drawings relating to the proposed variance, and such application shall be deemed to be a “completed application” only after the receipt of such additional information, and for the purpose of receiving such information may delay the consideration of the application to a date not later than the next regular meeting occurring after such request.
(B) Notice of hearing and time for consideration. Notice of the hearing before the Planning Commission shall be published by posting copies thereof in the 5 most public places in the village as determined by Village Council from time to time. The notice shall include the place, time and date of the hearing, the location of the property and the nature of the proposed variance. An announcement shall be posted on the village website, indicating the type of application as well as the date and time for the hearing, 7 days prior to the hearing date. Additionally, a notice containing the foregoing information shall be sent by first class mail to all property owners listed on the application filed pursuant to § 151.092 hereof, not less than 10 days prior to the date fixed for the hearing. Failure of any such property owner to receive mail notice does not invalidate the granting or denial of the variance. The Planning Commission may continue an on-going hearing from date to date without additional notice.
(C) Public hearing.
(1) The following persons may appear at hearings as parties and be heard in person or by attorney: the applicant; the owner of property that is the subject of the application, if the owner is not the applicant; the owner of property adjacent or contiguous to the property that is the subject of the application or who is the addressee of any notice provided for in division (B) of this section; and any other person who claims a direct, present injury or prejudice to any personal or property right or interest that will occur if the application is approved or denied.
(2) A person authorized to appear and be heard may: present his or her position, arguments and contentions; offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions; cross-examine witnesses purporting to refute his or her position, arguments, and contentions; offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions; proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Planning Commission.
(3) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Planning Commission, at its option, may have a hearing transcribed by court reporter.
(D) Decisions; issuance of certificate of appropriateness.
(1) The Planning Commission shall grant or deny the variance not later than the next regular meeting at which the public hearing is completed, after considering the requirements listed in § 151.093. The Planning Commission’s final decision shall be in writing, shall be accompanied by a finding of fact and statement of reasons for the decision reached and shall be filed with the Village Clerk-Treasurer, and shall become a part of the public record. A certified copy of the decision of the Planning Commission shall be transmitted by the Village Clerk-Treasurer to all parties to the hearing and all persons who claimed a right but were not permitted to appear as parties to the hearing, by personal service or by regular United States mail.
(2) In granting such variance, the Planning Commission may impose such conditions as are reasonably necessary to serve the purpose and objectives of the village’s zoning ordinances, but only with the expressed consent of the applicant. The Clerk-Treasurer shall incorporate the terms and conditions of such decision in any certificate of appropriateness granted to the applicant.
(Ord. 583, passed 4-21-1986; Am. Ord. 03-2007, passed 9-17-2007; Am. Ord. 05-2009, passed 7-20-2009; Am. Ord. 03-2014, passed 8-18-2014)