(a) Initiation. Any person having authority to file applications may initiate an application for a variance pursuant to Section 1157.03 Authority to File Application.
(b) Applications. Applications for variances are available at the Engineering and Zoning Office and when completed are to be returned to such office. The applications for variances shall include but not be limited to the following:
(1) Name, address and telephone number of the applicant.
(2) Location of the property and the zoning district including address and legal description.
(3) Present and proposed use.
(4) If required by the Zoning Inspector, a vicinity map and plat layout containing information as required by the Zoning Inspector.
(5) A statement identifying the variance requested and the reason for the request.
(6) A list of all property owners within, contiguous to and directly across the street from the subject property. The applicant may request the City prepare the name list for an additional cost as provide for in Section 1157.16(d): Deposit for Notice Mailing and Publication Cost.
(c) Review of Application by Zoning Inspector.
(1) The Zoning Inspector, upon receipt of the application shall review the application for completeness.
(2) Within three (3) working days after the completed application or appeal has been filed it shall be transmitted to the Board.
(d) Review by Board.
(1) Within sixty (60) days of receiving a complete application for a variance only, the Board shall hold a public hearing to consider the application.
(2) Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the City. A notice shall also be sent to the applicant and may be posted at the property in question. In addition, written notice of the hearing shall be mailed, by first class mail, at least ten (10) days before the day of the public hearing to all owners of property contiguous to, and directly across the street from the property which is the subject of the variance. The information content of the notice shall be in accordance with Section 1157.08: Public Notification for Public Meetings. Failure to deliver the notification, as provided in this Section, shall not invalidate any such variance.
(e) Decision by Board.
(1) The Board shall decide on the application within sixty (60) days after receipt by the office of the Zoning Inspector.
(2) The Board shall grant, deny or modify the variance application.
(f) Transmittal of Board Decision. A certified copy of the Board's decision shall be transmitted to the applicant.
(1) The decision of the Board shall be binding upon the Zoning Inspector and applicant.
(2) If the application is denied, no subsequent application for the same variance shall be filed until the expiration of twelve (12) months after the original or subsequent denials.
(Ord. 2020-4053. Passed 1-7-21.)