(A) The Plan Commission shall use reasonable and fair judgment in determining any violation of this chapter.
(B) The Commission to be governed by certain principles.
(C) The Commission and the City Council in their deliberation shall be governed by the following principles:
(1) To be consistent in their judgment with the purpose of this chapter and any master plan for the physical development of the city which the City Council may adopt, including any area outside the area described in § 152.03 or outside the prevailing city boundaries then in existence which bears relation to this chapter and is adjacent and immediately surrounding the area within public view;
(2) To take into judgment all factors that have a bearing on the purpose of this chapter and the master plan for the city’s development;
(3) To be reasonable in their judgment so as to not bring any undue hardship to any property owner. Hardship shall be limited to present use and shall not be deemed to extend to any new use, exploitation, development, advantage or benefits not engaged in or enjoyed on the effective date of this chapter;
(4) To be reasonable in their judgment so that the terms of compliance with this chapter in particular would not be so excessive as to cost so as to constitute a taking of private property without due and just compensation.
(1992 Code, § 152.35) (Ord. 71276, passed 7-12-1976)