§ 2004. Variance procedures.

(a)

Before the planning commission may act on a variance; it shall give notice of a public hearing in the manner prescribed in this resolution.

(b)

The planning commission shall review the application and investigation report at the public hearing. The planning commission shall determine whether the evidence supports a finding that the required criteria have been met and recommend approval with condition, or denial of the application accordingly. Their recommendations shall be in writing and shall include written findings on each of the applicable criteria. If the planning commission fails to take action within 30 days after the public hearing, the request shall be deemed to have been approved.

(c)

Decision on variance requests shall be the responsibility of the planning commission and shall become final after an elapsed period of 30 days from the date of decision.

(d)

The planning commission's decision, with findings, shall be sent by mail to the applicant within five working days of the date of action.

(e)

From time to time the planning commission may find it necessary to require a variance request to also meet approval of the White County Board of Commissioners. In doing so the variance request must follow the public hearing procedures prescribed in resolution.

(f)

An application of a variance which is not acted upon by the county commissioner within 90 days from the receipt of application may be deemed denied.

(g)

Application for a variance shall be filed with the planning director on the form prescribed by the county, by any person with a legal interest in the property.