(A) Any person may apply for a variance from the setback provisions or any other provisions of this subchapter. Such variance application shall be made to the Town Council.
(B) A person applying for a variance shall proceed as follows.
(1) A person shall first obtain an application for a variance from the Clerk/Treasurer and fill out the application.
(2) A person shall then request to be placed on the agenda for the Council meeting. Such request shall be made so that property owners required to be notified shall have at least 15 days’ notice of the Council meeting.
(3) A person applying for a variance shall send an application requesting the variance to all property owners whose property touches the property affected by the variance, including those property owners who touch even though separated by a street, alley, or other connecting way and shall inform the property owners that the person has applied for a variance and that persons may be heard regarding the variance at the date and time set for the Council meeting. The notice to property owners shall be sent certified mail, return receipt requested. A person applying for a variance shall forego this provision only in the event that he or she shall provide the Council with written consents from the above-described property owners consenting to the variance.
(4) The meeting provided for in this section shall be considered a public meeting, however, notice of such hearing shall not be required to be published in the Lebanon Reporter or any other newspaper if the person applying for the variance has obtained the written consent of all property owners who must be notified under division (B)(3) above.
(5) The person applying for the variance shall apply for the variance with the Clerk/Treasurer and shall pay the permit fee which corresponds with the type of work contemplated and pursuant to the fee schedule set out in § 150.044.
(6) The Building Inspector shall inspect the premises and shall render an opinion to the Council regarding the issuance of the variance.
(7) At the public hearing on the issue of the variance, the Town Council shall hear evidence presented both in favor and against if any exists and shall issue a decision as to the variance based on the following criteria:
(a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The need for the variance arises from some condition peculiar to the property involved;
(d) The strict application of the terms of this subchapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(e) The variance does not interfere substantially with the overall purpose of this subchapter and the person cannot comply with this subchapter without undue hardship.
(8) At the conclusion of the evidence presented, a Board member shall make a motion to either grant or deny the variance. The motion must pass by a majority of the Council in order to be effective.
(9) Decision of the Council shall be final and may be appealed only as provided by state law.
(10) If the variance is granted the permit shall be issued and complied with strictly. If the variance is not granted, the person applying for the permit shall forfeit one-half of the fee for the Building Inspector’s use in providing the Council with an opinion as to the granting of the variance.
(1995 Code, § 5-126) (Ord. 1988-3, passed 3-21-1988; Ord. 1989-1, passed 8-14-1989) Penalty, see § 150.999