(A) Procedure.
(1) Request for amendments or variances, as provided within this subchapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by complimentary copies of detailed written and graphic materials fully explaining the proposed change, development, or use. The Zoning Administrator shall refer the application, along with all related information, to the City Planning Commission for consideration and a report at least 15 days before the next regular meeting.
(2) The City Administrator, on behalf of the Planning Commission, shall set a date for a public hearing. Notice of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. In the requests for variances, the notice shall also be mailed not less than ten days to all property owners of record within 350 feet of the property to which the request relates, and if the variance relates to land located in a public water, the notice shall also be mailed to the Commissioner of the Department of Natural Resources at least ten days prior to the hearings. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested to by the City Administrator and made a part of official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this division (A)(2) has been made.
(3) The Planning Commission shall consider the request and hold a public hearing at its next regular meeting unless the filing date falls within 15 days of the meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Zoning Administrator shall refer the application, along with all related information, to the City Planning Commission for consideration. The applicant or representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed variance or appeal.
(4) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors, or to retain expert testimony with the consent, and at the expense, of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this subchapter.
(5) In requests for variances, the Planning Commission may recommend a variance from the provisions of this subchapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe only conditions that it deems necessary to, or desirable for, the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds:
(a) There are special circumstances or conditions affecting the property, that the strict application of the provisions of this subchapter would deprive the applicant of the reasonable use of his or her land;
(b) The granting of the variance will not be detrimental to the public welfare, or injurious to other property in the territory in which the property is situated; and/or
(c) The variance is to correct inequities resulting from an extreme physical hardship such as topography, soils, wetlands, and the like.
(6) Within 60 days from the date of the public hearing, the Planning Commission shall make a recommendation, and in requests for variances, shall also make a finding of fact to the City Council. In the case that additional information is requested pursuant to division (A)(5) above, the 60-day period begins upon receipt of the information by the city.
(7) Upon receiving the recommendation of the Planning Commission, or until 60 days after the public hearing at which the request was considered, the City Council shall place the report and recommendation on the agenda for the next regular meeting. The reports and recommendations shall be entered in, and made part of, the permanent written record of the City Council meeting.
(8) (a) Upon receiving the recommendation of the Planning Commission, the City Council shall either:
1. Approve or disapprove the request as recommended by the Planning Commission;
2. Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. The modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
3. Refer the recommendation back to the Planning Commission with future consideration. This procedure shall be followed only one time on a singular action.
(b) Approval of a request shall require passage by two-thirds’ vote of the full City Council. The Zoning Administrator shall notify the applicant, in writing, of the Council’s action. The variance decisions of the City Council shall be final, subject to the judicial review.
(B) Lapse of variance. Whenever, within one year after granting a variance, the work as permitted by the variance shall not have been completed, then the variance shall become null and void unless a petition for extension of time in which to complete the terms has been granted by the City Council. The extension shall be requested, in writing, and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts, showing a good faith attempt to complete the work permitted by the variance. The petition shall be presented to the Planning Commission for a recommendation, and to the City Council for a decision, and shall be made only one time for a singular action.
(Ord. 199, passed 2-7-2000)