An application for variance shall be administered as follows:
(a) Review Upon Receipt. Within fifteen (15) days of receipt, the Zoning Inspector shall review the application and attached documents and verify that the fees have been paid. If the submission is deficient, the Zoning Inspector shall notify the applicant of the necessary corrections, additional information or documents needed. When the submission requirements are satisfied, the Zoning Inspector shall accept the application for review.
(b) City Review. The Zoning Inspector shall forward a copy of the variance application and the supporting attachments to the City staff and consultants. Within ten (10) business days, the staff and consultants shall transmit to the Zoning Inspector their written comments and recommendations regarding the variance request. The Zoning Inspector shall forward to the Secretary the variance application, attachments thereto in support, the review comments and recommendations of the City Staff and consultants, and such other documents and information relevant and material to a proper decision.
(c) Before making any decision on an application for a variance from the Zoning Code regulations, the Board shall hold a public hearing or hearings at such times as shall be determined by the Board itself. Special hearings can be arranged at the call of the Chairman so long as notice provisions of this section can be properly provided. Prior to establishing any hearing date, the Chairman of the Board shall obtain a written opinion from the Director of Law stating that the Board has jurisdiction over the appeal or application. The Board shall fix a reasonable time for the hearing of the application or appeal.
(d) Public Notice. A Notice of Public Hearing shall be mailed at least ten (10) days before the hearing to the applicant and all property owners, as they appear in the current records of the County Recorder, within 500-foot radius of a boundary line of the property for which a variance is requested. The notice shall include the date, time and location of the public hearing; the subject of the variance and nature of the relief requested; and a statement that any interested party may be heard. Failure of delivery of notice shall not be grounds to challenge action taken on the application.
(e) Public Hearing. At any hearing, the applicant or appellee party may appear in person or be represented by an agent or attorney. Any person may appear at a public hearing and give testimony under oath. Witnesses shall be subject to questioning. Competent testimony and evidence shall be considered.
(1) Additional information from the applicant or the City staff may be requested for thorough and proper consideration of the application.
(2) Additional reports, comments or expert opinions shall be transmitted to the Secretary prior to the next hearing. A public hearing may be recessed from time to time to a date certain. A second Notice of Public Hearing shall be mailed at least six (6) calendar days before the continuance of the hearing to the applicant and all owners of land within 500 feet of a boundary line of the property that is the subject of the variance. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(f) Decision.
(1) The Board shall commence hearings on all matters properly presented within sixty days of filing of request and shall render a decision thereon within 120 days from such filing unless a longer time is agreed upon between the appellant and the Board.
(2) The concurrence of three (3) members of the Board shall be necessary to decide in favor of any applicant in any matter on which it is required to pass under this Zoning Code or to affect any variance from the requirements stipulated in this Zoning Code.
(3) The Board of Zoning Appeals shall adopt an Announcement of Decision with findings of fact based on testimony and evidence presented that address the applicable factors to determine a variance and specifying the reason for granting or denying the variance. The Announcement of Decision with the findings of fact, the discussion of the evidence upon which the decision is based that sets forth the Board’s reasons for decisions, the vote of each member participating therein, and the absence of a member or his failure to vote shall be issued within ten (10) days from the close of the hearing.
A. The Announcement of Decision shall include findings of fact and shall address and discuss the factors, as applicable, set forth in Section 1138.07, Standards for Variance Review, and the evidence in support thereof. The Board of Zoning Appeals may approve a variance when it finds that the application and evidence submitted in support thereof satisfy the standards in Section 1138.07, Standards for Variance Review and may attach terms and conditions to the approval.
B. Within ten (10) days of approval of the Announcement of Decision, the Zoning Inspector shall transmit a copy of the decision to the applicant, the Secretaries of the Planning Commission and the Board of Zoning Appeals, and the Clerk of Council.
C. A certified copy of the Board's Announcement of Decision as well as a copy of the minutes of the Board meeting shall be filed immediately in the City Building and shall be a public record.
D. Within twelve (12) months of the date of the Announcement of Decision approving a variance, the applicant shall apply for a Zoning Permit or Conditional Use Certificate, commence occupancy for a use variance, start the construction approved by the area variance or commence administrative action in the case of a procedural variance. The approval granted in the Announcement of Decision shall expire if the applicant fails to further proceed with the next submittal within twelve (12) months, after which the variance shall expire and be null and void.
(Ord. 2023-029. Passed 4-18-23.)