(A) Requests for variances or appeals shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as outlined in § 154.368, or as amended. This fee shall not be refunded. The application shall also be accompanied by copies of detail written, or graphic materials, fully explaining the proposed request. The Zoning Administrator shall refer the application, along with all related information, to the Planning Commission, acting in an advisory role to the Board of Adjustment and Appeals, for consideration and report at least ten days before the next regular meeting. The Zoning Administrator, on behalf of the Planning Commission, shall set a date for a public hearing. Notice of the hearing shall be posted, as provided by state law, at least ten days prior to the date of the hearing. Notice shall be mailed not less than ten days to all property owners of record, according to the county assessment records, within 350 feet of the property to which the request relates. A copy of the notice, and a list of the property owners and addresses to which the notices were sent, shall be attested to by the Zoning Administrator or City Administrator, and made part of the 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 section has been made.
(B) The Planning Commission, acting in an advisory role to the Board of Adjustment and Appeals, shall consider the request 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 applicant, or a representative thereof, shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use.
(C) 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 a representative thereof, shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use.
(D) The Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon, but not limited to, the following factors:
(1) Relationship to the city’s Growth Management System Comp. Plan;
(2) The geographical area involved;
(3) Whether the use will tend to, or actually, depreciate the area in which it is proposed; and
(4) The character of the surrounding area.
(E) The Planning Commission, City Council, 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 the operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(F) Within 60 days from the date of reference of the proposed variance or appeal, the Planning Commission shall make a finding of fact, and recommend the actions or conditions related to the request to the City Council. In the case of additional information requested from the applicant pursuant to division (C) above, the 60-day period will begin upon receipt of the information by the city.
(G) Upon receiving the report and recommendation of the Planning Commission, or until 60 days have elapsed from the date of reference of the proposed variance or appeal without a report by Planning Commission, the City Council shall place the application, and/or report and recommendation, on the agenda for the next regular meeting. The reports, recommendations, and findings shall be entered in, and made part of, the written record of the Council meeting.
(H) (1) Upon reviewing the application, and/or receiving the report and recommendation of the Planning Commission, the City Council shall take one of the following actions:
(a) Approve or disapprove the request as recommended by the Planning Commission;
(b) 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; and/or
(c) Refer the recommendation back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.
(2) Approval of variances or appeals shall require passage by two-thirds vote of the full City Council. The Zoning Administrator or City Administrator shall notify the applicant of the Council’s action.
(I) The decisions of the Planning Commission shall be advisory to the City Council. The decisions of the City Council shall be final subject to judicial review.
(J) A certified copy of any variance shall be filed with the County Recorder. A legal description of the property shall be included.
(Ord. 199, passed 2-7-2000)