12-1369 Removal of Board of Adjustment and Reallocation of duties to Planning and Zoning Commission

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The failure of any owner required by this Section to be notified by mail to receive such notice shall not invalidate or otherwise have any effect on the action of the Beard of Adjust n}e► Planning and Zoning Commission on any application. Applicant to pay costs. All costs of notification shall be paid by the applicant. 3. Appearance and presentation. At any hearing upon any matter subject to the provisions of this Section, the applicant seeking action by the nt Planning and Zoning Commission and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make an initial presentation respecting the application and, at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal to such presentations if the applicant so desires. The chairperson of the Bent Planning and Zoning Commission may, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such presentation. C. Standards for considering variances. Before any variance may be granted, the Beard -ef Adjustment Planning and Zoning Commission must find all of the following: D. Action. Action by the Beard ef Adju ent Planning and Zoning Commission upon any matter subject to the provisions of this Section shall be announced by the chairperson of the BeaFd of Adjustment Planning and Zoning Commission immediately following the vote determining such action and shall thereafter be embodied in a written order prepared by the Administrative Official and executed by the chairperson of the Beard ef Adjust mteat Plannina and Zoning Commission and the Administrative Official. Such written order shall be incorporated into the minutes of the meeting at which such action occurred, The Beard ef Adjust ent Planning and Zoning Commission shall enter its order denying such application, specifying the reasons therefor, or granting such application, in whole or in part, under such terms and conditions as the Commission shall determine appropriate. Under no circumstances shall the Beard of Adjus Planning and Zoning Commission grant a variance to permit a use not generally permitted by right or as a conditional use in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. No variance shall be granted that increases the density or intensity of a use in a manner inconsistent with the Comprehensive Plan. The Beard of Adjus ent Planning and Zoning Commission shall make factual findings regarding the following: 1. Whether or not the requirements of the land development regulations have been met by the applicant for a variance. 2. Whether or not the reasons set forth in the application justify the granting of the variance and whether or not the variance is the minimum variance that will make possible the reasonable use of land, building, or structure. Ordinance 12 -1369 Page 9