Any party wishing to appeal an administrative decision or request a variance shall complete a City application form, provide such information as requested, and pay all fees prior to consideration of the appeal or variance. Upon receipt of a completed application a public hearing before the City Planning Commission shall be scheduled. The Planning Commission shall make a recommendation to the City Council acting as the Board of Adjustments based on the required findings under Section 7A-525. Notice of the hearing shall be published in the official newspaper at least ten (10) days prior to the hearing. Notification of an appeal involving a specific property and notification of all variances shall be mailed to all owners of property within 350 feet of the affected property. 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 these procedures has been made.
An application for a variance shall be accompanied by a description of the nature of the variance requested and a narrative statement addressing the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same District; and
B. That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same District under the terms of this Ordinance; and
C. That special conditions and circumstances do not result from the action of the applicant; and
D. That granting the variance will not alter the essential character of the area or community;
E. That granting the variance will not result in a use that is otherwise not permitted in the zoning district; and
F. That the applicant proposes to use the property in a reasonable manner.
[§ 7A-524 added by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-03, effective March 5, 2009, as amended by Ord. No. 11-04, effective June 30, 2011 .]