An application for a major variance shall be in accordance with the following procedures.
(A) Prior to the preparation of a formal application, the applicant or his agent shall meet with the Zoning Administrator to discuss the situation, learn the procedures, obtain an application form, and present any preliminary information.
(B) The applicant or his agent shall complete the application and shall prepare a site plan and other supporting materials to describe:
(1) Location of the property;
(2) Actual dimensions of the lot;
(3) Location of the building or structure to be erected, converted, enlarged, or structurally altered and distance from the building or structure to each lot line;
(4) Other such information as may be necessary to determine and provide for the enforcement of this chapter.
(C) The applicant or his agent shall file the completed application form together with the required site plan with the Zoning Administrator and shall pay a filing fee according to the fee schedule in this chapter.
(D) The Zoning Administrator shall schedule the application for a public hearing before the Commission within ten days of the receipt of an application.
(E) The applicant shall have notice of the public hearing published in a local newspaper of general circulation at least 15 days but not more than 30 days prior to the public hearing.
(F) Notices of the public hearing shall be mailed to all property owners within 250 feet of the outer boundaries of the property in question. Said mailing shall be completed at least 15 days but not more than 30 days prior to the public hearing.
(G) The Commission shall hold the public hearing and shall consider the application and other evidence to determine possible adverse effects of the proposed variation.
(H) In reviewing the variance application and the other evidence presented the Commission shall consider the following criteria. Any request for a variation shall be found to be consistent with the following criteria:
(1) The request is not the result of a situation or condition that was knowingly or deliberately created by the applicant.
(2) The variation will not adversely affect adjacent properties.
(3) The variation is consistent with applicable provisions of the Comprehensive Plan.
(4) The variation conforms to the purpose and intent of this chapter.
(I) The Commission shall review the application and other related evidence, and then prepare findings and make a determination on the application in accordance with § 150.163 of this subchapter within 20 days of the close of the public hearing.
(J) All decisions of the Commission on major variances shall be subject to the following:
(1) Any decision of the Commission concerning a major variance request shall be considered a provisional decision for a period of 15 days. During the 15 day provisional period the variance applicant or any member of the City Council may file in writing with the City Clerk an appeal for a stay of the decision. Upon receipt of such an appeal the City Clerk shall forward a notice of such appeal to the applicant and the Chairman of the Commission. The provisional Commission decision shall then be forwarded to the next regularly scheduled City Council meeting and be deemed a recommendation from the Commission on the variation requested. At that Council meeting, the City Council shall conduct a de novo hearing and hear arguments by the parties. Parties shall include: (1) the applicant, (2) any other interested person filing a written entry of appearance. The City Council shall in the exercise of its legislative authority then render a final decision on the variance request. The City Council shall render its final decision within 30 days of the filing of the notice of appeal. Such time period may be extended by agreement with the applicant.
(2) In the event the applicant or a City Council member does not file an appeal for a stay of the provisional decision as provided above, the provisional decision shall become a final decision of the Commission on the 16th day following the initial decision.
(3) All final decisions of the City Council and the Commission on major variations shall be subject to judicial review in accordance with applicable law.
(Ord. 8612, passed 12-2-08; Am. Ord. 8851, passed 12-18-12; Am. Ord. 9158, passed 6-19-18)