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§ 152.172 VARIANCE PROCEDURE.
   The following procedures shall be followed in applying for and acting on a variance.
   (A)   A property owner may initiate a request for a variance by filing an application with the City Recorder, using forms prescribed pursuant to § 152.205 of this chapter. The application shall be accompanied by a site plan drawn to scale showing the condition to be varied and the dimensions and arrangement of the proposed development. The Planning Commission may request other drawings or material essential to an understanding of the variance request.
   (B)   Before the Planning Commission may act on a request for a variance, it shall hold a public hearing. Section 152.206 of this chapter sets procedure for notice of public hearing.
   (C)   Within five days after a decision has been rendered with reference to a request for a variance, the City Recorder shall provide the applicant with notice of the decision of the Planning Commission.
   (D)   The Planning Commission’s decision is final unless it is appealed pursuant to § 152.203 of this chapter.
(Ord. 24, passed 4-5-1976)
§ 152.173 TIME LIMIT ON A VARIANCE.
   (A)   Authorization of a variance shall be void after one year unless substantial construction pursuant thereto has taken place.
   (B)   However, the Planning Commission may extend authorization for an additional period not to exceed one year, on request.
(Ord. 24, passed 4-5-1976)
AMENDMENTS
§ 152.185 AUTHORIZATION TO INITIATE AMENDMENTS.
   An amendment to the text of this chapter or to a zoning map may be initiated by the City Council, by the Planning Commission, or by application of a property owner.
(Ord. 24, passed 4-5-1976)
§ 152.186 AMENDMENT PROCEDURE.
   (A)   The procedure for amending the zoning ordinance specified in §§ 152.200 through 152.210 of this chapter shall be followed.
   (B)   In considering an amendment to a zoning map, the Planning Commission shall seek to determine the following:
      (1)   That the change is in accord with the land use plan for the area; and
      (2)   (a)   That there has either been a substantial change in the character of the area since zoning was adopted and which warrants changing the zone; or that the zoning adopted for the area was in error.
         (b)   If the proposed change is not in accord with the land use plan for the area, the Planning Commission and the City Council shall seek to determine that an alteration of the plan can be justified on the basis that there has been a substantial change in the character of the area since the plan was adopted and which warrants a change in the plan, or that the plan adopted for the area was in error.
   (C)   The office of the City Recorder shall maintain records of amendments to the text and map of this chapter in a form convenient for use by the public.
(Ord. 24, passed 4-5-1976; Ord. 256, passed 4-6-2004)
§ 152.187 LIMITATION.
   No application of a property owner for an amendment to the text of this chapter or to the zoning map shall be considered by the Planning Commission within the one-year period immediately following a previous denial of such request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(Ord. 24, passed 4-5-1976)
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