§ 3.305 LIMITATION ON REAPPLICATION.

   When a proposal is denied by the board of adjustment or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the city or scheduled for a hearing by the board of adjustment within a period of 24 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the mandatory delay period may be waived and a new application accepted.

(Ord. 13896, passed 10-12-1999)

§ 3.306 EXPIRATION OF SPECIAL EXCEPTION.

   (a)   A special exception shall expire and have no further effect 180 days after the board of adjustment approval, or at such alternative time as specified in the approval, unless:

      (1)   A building permit has been issued;

      (2)   A certificate of occupancy has been issued; or

      (3)   The development services director grants a one-time extension for a maximum of 180 days upon written request of the applicant prior to the original expiration date.

   (b)   Any special exception granted by the board of adjustment shall terminate automatically when the period of use specified in the board of adjustment's order has expired, or when the use ceases to be in full compliance with any condition imposed by the board of adjustment.

(Ord. 23566-02-2019, § 1, passed 2-5-2019, eff. 5-28-2019; Ord. 24030-02-2020, § 22, passed 2-4-2020)

ARTICLE 4: VARIANCES

§ 3.400 APPLICATION REQUIRED.

   (a)   Every application for a variance, other than those addressed in subsection (b) below, shall be filed with the board of adjustment, in accordance with the board of adjustment’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the planning and development department upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

   (b)   The director of planning and development, or a designee, may approve requests to vary from the standards of this zoning ordinance provided the requests are the lesser of 10% of the applicable specification or one linear foot/one square foot.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)

§ 3.401 FEE REQUIRED.

   Every application shall be accompanied by the appropriate filing fee as provided in the schedule of fees and charges contained in Chapter 2 of the city code. No fee shall be charged for variance applications filed upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

(Ord. 13896, passed 10-12-1999)