Sec. 153.941 - Purposes.

(A)

In order to prevent or lessen such practical difficulties or unnecessary physical hardships which would result from the strict interpretation and enforcement of this chapter, the Planning Commission is empowered to grant relief in the form of variances. Such procedure is intended to resolve practical difficulties and unnecessary physical hardships which may result from the exceptional size, shape, topography, location of existing structures or other physical site conditions, or the use or development of property in the immediate vicinity.

(B)

The mere existence of a unique or peculiar situation which will result in a hardship to an applicant shall not require the Planning Commission to grant a variance. Economic hardships or costs to the applicant resulting from the literal interpretation of this chapter may be given consideration but shall not be either a primary or sole reason for granting a variance.

(1975 Code, § 9-2.1101) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.942 - General provisions.

In no case shall a variance be granted to permit a use other than a use permitted in the district in which the subject property is situated.

(1975 Code, § 9-2.1102)

(Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8- 24-17)

Sec. 153.943 - Applications and fees.

(A)

Applications for variances shall be filed with the Planning Director on the prescribed form and shall include the following:

(1)

The name and address of the applicant;

(2)

A statement that the applicant is the owner of the property or is the authorized agent of the owner, except that a public utility subject to regulation by the Public Utilities Commission of the state need not comply with this requirement;

(3)

The address or description of the property;

(4)

A statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship which would result from a strict or literal interpretation and enforcement of a specified regulation, together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in Section 153.949 of this subchapter; and

(5)

An accurate drawing at an appropriate scale of the lot and any adjacent property affected showing, when pertinent, the contours at intervals of not more than five feet and all existing and proposed locations of roads, property lines, uses, structures, driveways, pedestrian walks, trails, off-road parking and paved areas, off-road loading facilities, sewage facilities, sign locations, trees, streams, and other pertinent natural features, existing easements, and buildings on neighboring parcels within 100 feet of the boundaries of the subject parcel. The Planning Director may require additional information, plans, drawings, or other documents if they are needed to enable a determination as to whether the circumstances prescribed for the granting of a variance exist or to assist in making the findings prescribed in Section 153.949 of this subchapter. The Planning Director may authorize the omission of any of the plans, drawings, or other documents required by this chapter if they are determined not to be necessary.

(B)

The application shall be accompanied by the required fee.

(1975 Code, § 9-2.1101) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.944 - Action of the Planning Director.

The Planning Director, after determining that the application is complete, shall make an investigation of the application and shall prepare a written report which shall be submitted to the Planning Commission and made available to the applicant prior to the public hearing.

(1975 Code, § 9-2.1104) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.945 - Referrals.

The Planning Director, when required, or at his/her discretion, shall refer the application to the Architectural and Site Review Board or other boards, committees, or Town officers for review and comment prior to the preparation of his/her written report.

(1975 Code, § 9-2.1105) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.946 - Public hearings.

(A)

The Planning Commission shall conduct a public hearing on each application for a variance or for the revocation of a variance granted subject to a condition or conditions. The hearing shall be set and notice given as prescribed in Section 153.963 of this chapter.

(B)

At the public hearing, the Planning Commission shall review the application and the drawings and other documents submitted and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 153.948 of this subchapter.

(1975 Code, § 9-2.1106) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.947 - Planning Commission action.

The Planning Commission may grant a variance as it was applied for or may modify the request if, on the basis of the application and the evidence submitted, the Planning Commission makes all of the findings prescribed in Section 153.948 of this subchapter.

(1975 Code, § 9-2.1107) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)