(a) Conditions for Granting. The Planning Commission shall have the power, in specific cases, to vary the application of certain provisions of this Zoning Code, in order that the public health, safety and general welfare may be safeguarded and substantial justice done, for the following reasons:
(1) When the literal application of the provisions of this Zoning Code would result in unnecessary hardships peculiar to the property involved and not based on conditions created by the owner. A theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships;
(2) Where other exceptional circumstances or conditions (such as topographical or geological conditions or the type of adjoining development) are applicable only to the property involved or the intended use of the property and do not apply to other property within the same zone, unless the same exceptional circumstances prevail;
(3) Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and
(4) Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code.
(a) Residential Variances. When appealing for a residential variance, the applicant shall submit an eight and one-half inch by eleven-inch sketch of the request and a short statement of the desired variance. The Planning Commission shall keep the application on file, along with meeting minutes, whether or not the variance is granted.
(b) Industrial/Commercial/Business/All Other Variances. When appealing for a variance or modification, the applicant shall state and substantiate the claim that each of the four conditions listed in subsection (a) hereof exists, and the Planning Commission shall approve or disapprove based on the validity of the statement. An eleven-inch by seventeen-inch (or larger) scale drawing of the request shall be submitted, graphically presenting the situation, as an aid for the Inspector of Buildings.
(Ord. 94-10-7. Passed 12-6-94.)