(A) Any person wanting to build, erect, or place a building, addition, or privacy fence closer to his or her property lines than what is allowed by the building permit application (20 feet minimum from front property line; 25 feet minimum from the rear property line; or ten feet minimum from side property line, with the exception of an accessory building allowed to be within five feet from property line at an alley) must acquire a variance.
(B) If the structure does not fall within the property line restriction, or if a commercial structure is to be placed in a residentially-zoned area, a variance must be obtained from the City Council. The owner must provide signatures of over 50% of the property owners that own property within 300 feet of applicant(s) property lot lines before a variance can be considered.
(1) All requests for variances will include a public hearing held at the same City Council meeting as the possible approval of the building permit. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in the city’s legal newspaper. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment.
(2) It will be the building permit applicant’s responsibility to turn in his or her building permit in a timely manner to meet the public hearing requirements, being received by the City Finance Officer no later than two weeks prior to the next regularly scheduled City Council meeting, which occurs on or about the first Monday after the first Tuesday of each month.
(Ord. 16-8A-1.1, passed 2-10-2020)