1117.01
Appeals of administrative decisions.
1117.03
Variance.
1117.07
Appeal procedure.
1117.09
Variance procedure.
1117.11
Stay of proceedings.
1117.13
Reapplication.
1117.15
Standards for variance review.
1117.17
Appeal of final decision.
1117.19
Minor variances.
1117.21
Appeal of Planning Commission decision related to historic district requirements.
(a) An applicant may appeal to the Planning Commission a decision or order of a Municipal official alleging an error in applying the Planning and Zoning Code. An appeal shall be heard and decided pursuant to the rules and procedures in this Chapter.
(b) An appeal may be filed by the owner of the subject property, the applicant or a person having legal standing the order or decision relating to such property. The appeal shall be filed with the Community Development Administrator within twenty (20) days of the administrative decision or order.
(c) An appeal shall identify the decision or order being appealed and identify all parties in interest. The Code section(s) alleged to have been violated, the grounds for the appeal and the relief sought shall be stated therein. A copy of the administrative decision or order shall be attached. (Ord. 3273. Passed 5-9-24.)
(a) The Planning Commission may grant a variance from the requirements of the Planning and Zoning Code. An application for variance shall be heard and decided pursuant to the rules and procedures in this Chapter.
(b) A request for variance shall be filed with the Community Development Administrator by the owner of the property, an authorized agent acting under written authorization of the owner, or a person with an interest in the property.
(c) The application shall refer to the regulatory requirement from which a variance is requested and state the specific circumstances in support, the specific relief sought, and the justification for the variance. The application shall be notarized.
(d) The Planning Commission does not have jurisdiction to grant a variance from the Municipal Standards and Specifications.
(e) A variance to a minimum requirement set forth in Title One or Title Three of the Planning and Zoning Code may be granted when the Planning Commission determines that the variance will not be contrary to the public health, safety or general welfare nor contrary to accepted planning and engineering standards and practices.
(Ord. 3273. Passed 5-9-24.)
For the administrative appeal shall be processed as follows:
(a) Review Upon Receipt. Within three (3) business days of receipt, the Community Development Administrator shall review the appeal and attached documents and verify that the fees have been paid. If the submission is deficient, the Community Development Administrator shall notify the appellant of the necessary corrections, additional information or documents needed. When the submission requirements are satisfied, the Administrator shall accept the appeal for review.
(b) Municipal Review. The Community Development Administrator shall forward a copy of the appeal and attachments to the official who made the decision.
(1) Within ten (10) business days thereafter, the official shall transmit to the Community Development Administrator the record of the proceedings and the official's comments in response to the issues raised in the appeal. The official shall make a copy of the record on appeal for the municipal file.
(2) When review by the City Staff and municipal consultants is completed, the Community Development Administrator shall schedule the appeal for hearing before the Planning Commission. The Community Development Administrator shall forward the appeal, attachments thereto, the record on appeal and the official's comments in response to the appeal to the Planning Commission Secretary.
(c) Public Hearing. Any person may appear at a public hearing and give testimony under oath. Witnesses shall be subject to questioning. All competent testimony, evidence, and staff recommendations shall be considered. Additional information from the appellant or the City staff may be requested for full and proper consideration of the appeal. Such 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; no further notice is necessary. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(d) Decision. The Planning Commission, by a majority vote of the appointed members, shall adopt an Announcement of Decision with findings of fact that address the applicable factors to decide the appeal. The Announcement of Decision with the findings of fact and discussion of the evidence upon which the decision is based shall be issued within thirty five (35) days from the close of the hearing. The Planning Commission may reverse or affirm the official's decision, in whole or in part, and may order that a certificate be issued. The order may attach terms and conditions of approval to the certificate.
(e) Within ten (10) business days of the Announcement of Decision by Planning Commission, the Community Development Administrator shall transmit a copy of the written decision to the applicant, the Secretaries of the Planning Commission and the Clerk of Council.
(Ord. 3273. Passed 5-9-24.)
An application for variance shall be administered as follows:
(a) Review Upon Receipt. Within three (3) business days of receipt, the Community Development Administrator shall review the application and attached documents and verify that the fees have been paid. If the submission is deficient, the Community Development Administrator shall notify the applicant of the necessary corrections, additional information or documents needed. When the submission requirements are satisfied, the Administrator shall accept the application for review.
(b) Municipal Review. The Community Development Administrator shall forward a copy of the variance application and the supporting attachments shall be given to the City staff and municipal consultants. Within ten (10) business days, the staff and consultants shall transmit to the Community Development Administrator their written comments and recommendations regarding the variance request. When review by the City Staff and municipal consultants is completed, the Community Development Administrator shall schedule the variance for hearing before the Planning Commission (see Section 1107.07(b)(5)). The Community Development Administrator shall forward to the Secretary the variance application, attachments thereto in support, the review comments and recommendations of the City Staff and municipal consultants, and such other documents and information relevant and material to a proper decision.
(c) Public Notice.
(1) Publication of Notice. A Notice of Public Hearing shall be published in a newspaper of general circulation in the City at least ten (10) calendar days before the date of the public hearing. 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.
(2) Mailing of Notice. A Notice of Public Hearing shall be mailed at least ten (10) calendar days before the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property that is the subject of the variance. 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.
(d) Public Hearing. 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 200 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.
(e) Decision. The Planning Commission, by a majority vote of the appointed members, shall adopt an Announcement of Decision with findings of fact that address the applicable factors to determine a variance. The Announcement of Decision with the findings of fact and discussion of the evidence upon which the decision is based shall be issued within thirty five (35) days from the close of the hearing.
(1) The Announcement of Decision shall include findings of fact and shall address and discuss the factors, as applicable, set forth in Section 1117.15 (Standards for Variance Review) and the evidence in support thereof. The Planning Commission may approve a variance when it finds that the application and evidence submitted in support thereof satisfy the standards in Section 1117.15 (Standards for Variance Review) and may attach terms and conditions to the approval.
(2) Within six (6) months of the date of the Announcement of Decision approving a variance, the applicant shall apply for a Zoning Certificate 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 six (6) months, after which the variance shall expire and be null and void.
(f) Within ten (10) business days of approval of the Announcement of Decision, the Community Development Administrator shall transmit a copy of the decision to the applicant, the Secretaries of the Planning Commission and the Clerk of Council.
(Ord. 3273. Passed 5-9-24.)
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