(A) Referral by Zoning Inspector. Whenever an application is filed with the city for a building permit for any structure to be built, enlarged, or altered within, or moved in or into the city, and the Zoning Inspector finds the application, plans and specifications, and the plot plan submitted therewith, hereinafter termed the application papers, comply with the code of the city except this section, but that the application papers provide for a structure, the exterior design, appearance and functional plan of which in the opinion of the Zoning Inspector may be, when erected, so at variance or so similar with the exterior design, appearance and functional plan of structures constructed or in the course of construction in the neighborhood of the proposed structure which are in the same zoning district as the proposed structure as to cause a material depreciation generally to property in the neighborhood, then the Building Inspector shall within 10 days after the receipt of the application papers, file the same and such opinion in writing, signed by the Zoning Inspector with the Planning Commission.
(B) Call of hearing. Within 7 days after the receipt of the application papers and opinions the Clerk shall give notice to each member of the Planning Commission and to the public by publication in the official paper, and to any other persons he or she deems advisable, of a hearing to beheld by the Planning Commission with respect to the application. The notice shall state the purpose of the hearing and the location of the structure. Notice to the applicant shall be by registered mail at least 3 days in advance of such hearing, provided appearance at the hearing shall constitute a waiver of any defect in the notice thereof. The hearing on the application shall be held not less than1 week nor more than 2 weeks after receipt of the application by the city.
(C) Hearing and findings. Before or during the hearing, each member may view the premises upon which the structure is located or to be located, and at the hearing the Commission shall examine the application papers and hear the applicant. It may also hear any citizens of the neighborhood and any other person who requests to be heard. Within 43 hours of the close of the hearing, the Commission shall, pursuant to a majority vote of all the, members of the Commission, file written findings of the fact that the exterior design, appearance and functional plan of such structure is or is not at a variance or so similar with the exterior, design, appearance and functional plan of structures constructed or in the course of construction in the neighborhood of the proposed structures, which are in the same zoning district as the proposed structure, as to cause material depreciation generally to property in the neighborhood. The Commission shall further make a recommendation that the application be accordingly granted or denied. Such finding, determination and recommendation shall be in writing, signed on behalf of the Planning Commission by its chairman. The Clerk shall file a copy thereof, certified by him or her, with the Building Official and shall mail a copy thereof to the applicant. The application papers, the written opinions, and the findings, determinations and recommendations of the Planning Commission shall thereupon be presented by the City Clerk/Treasurer to the City Council at its next regular meeting. Further action with respect to the application shall be held in abeyance pending order and direction of the Council. In such case, no permit with respect to the application shall be issued except upon order and direction of the City Council.
(Ord. 2011-06-07A, passed 6-7-2011)