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(a) Purpose. A variation is that power to permit municipalities to vary the requirements of a Zoning Ordinance. Variations should be granted solely to provide relief under unusual conditions and only when in harmony with the general intent and purpose of this Zoning Ordinance.
(b) Conditions. In making its determination as to whether there is unnecessary hardship, the Municipal Planning Commission shall take into consideration the extent to which the following conditions, favorable to the applicant or appellant, have been established by evidence:
(1) The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience or loss or revenue if the strict letter of the regulations were carried out;
(2) The conditions upon which the requested variation is based would not be applicable generally to other properties within the same zoning classification;
(3) The alleged difficulty or hardship has not been created by any person presently having an interest in the property;
(4) The granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which- the property is located;
(5) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger of fire or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
(6) The proposed variation complies with the spirit and intent of the restrictions imposed by this Zoning Ordinance.
(7) The proposed variation will benefit the community.
(c) Application. An application for a variation of the regulations of this Zoning Ordinance may be made by a property owner or his agent to the Commission. Such applications shall be made in writing, stating the variation requested, the location of the property for which the variation is requested, the name and address of the property owner and the cause for the requested variation, the name and last known address of the proximate property owners who would be affected by the proposed variation, a statement as to how the proposed variation will meet the criteria and conditions set out in Sections 1113.02 and 1113.04(b).
(d) Public Hearing. The Commission shall fix a reasonable time and place for the public hearing and shall give notice of the time and place of the public hearing to proximate property owners by regular first class mail, not less than seven days prior to the hearing, and published at least once, not more than thirty days and not less than fifteen days before the hearing, in a newspaper with a general circulation within the City.
(e) Decision Within Thirty Days. The Commission shall either grant or deny the requested variation within thirty days after the public hearing.
(Ord. 10-16-67. Passed 11-20-67; Adopting Ordinance; Ord. 55-2010. Passed 9-21-10.)