General Provision

§ 150.010 VARIANCES

(A) General. Any party in interest may request that the City Commission grant a variance to the provisions of this code when the City Commission finds that the provisions of this chapter impose undue and unwarranted hardships or injustices upon the party requesting a variance and that the granting of the variance will most nearly accomplish and not defeat the purpose and intent of this chapter, or the Jefferson County planning and zoning regulations. In which case the variance will have to be granted by the Jefferson County Planning and Zoning Commission and approved by the City Commission. (B) Procedure. Upon receipt of a request for the granting of a variance to this chapter, the City Commission shall, at their next regularly scheduled meeting, following receipt of the request, establish a time and place for a hearing to be held on the request. The parties requesting the variance shall give ten days notice to the hearing by registered mail, return receipt requested, to the owners of all property adjacent to the area for which the variance is being requested. The City Commission shall, at the time the date of the hearing is established, determine the meaning of the word “adjacent” so as to give reasonable notice to all parties who may reasonably be expected to be affected by the variance. (C) Hearing. During the course of the hearing, the City Commission shall require proof that a good faith effort has been made to notify those parties, as determined by said body, at the time the hearing was scheduled, to have an interest in the property adjacent to that property for which the variance is being requested. The party requesting the variance shall make a presentation to the City Commission as to why the section of this chapter from which it is requesting a variance causes undue and unwarranted hardship or injustices to it, and as to why the granting of the variance will not defeat the purpose and intent of this chapter. All parties in interest will be given the opportunity to question the applicant and to present information both in support of or against the granting of the variance. The City Commission may require submission of additional evidence of proof to substantiate the position of the applicant, and may require additional data and tests which, in the opinion of the City Commission, is necessary for adequate consideration of the request. The city Commission may schedule additional hearings, if in the body’s opinion, they are necessary for adequate consideration of the request. (D) Decision. The City Commission shall vote at its next regularly scheduled meeting body upon the granting of the variance and a majority of the whole body vote in favor of the variance. (Ord. 90-09, passed 12-17-90)
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