The Planning Commission may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter:
(A) Exceptions to the city requirements within this chapter shall be made by application for a variation, stating fully the grounds of the application and the facts relied upon by the applicant The application shall be filed in the Building and Zoning Department In order for the application to be granted, it shall be necessary that the Planning Commission find all of the following facts with the respect to the land referred to in the application:
(1) That the land is of a shape or size or is affected by such physical conditions or is subject to such title limitations or record, that it is impractical for the applicant to comply with all of the requirements of this chapter;
(2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3) That the granting of the exception will not be detrimental to the public welfare, environment or injurious to other property in the vicinity of the subject's property.
(B) Each application for a variation shall be made to the Code Enforcement Officer. The Administrator will review and transmit the application to the Planning Commission, which shall review the application.
(D) The Planning Commission shall hold a public hearing on each application for variation within 30 days after receiving the application in the manner prescribed by ordinance. Within 30 days after public hearing, the Planning Commission shall make a recommendation to the City Council. The City Council will render a decision in the form of a written resolution which will note if the request is approved or denied and the conditions thereof, or it shall take other action as appropriate.
(Ord. 2017-03, passed 3-6-2017)