(A) (1) An application for a variance shall be filed with the Zoning Administrator on the form prescribed for that purpose by the City Council. The application must contain the name of the applicant, a legal description of the affected property and the applicant’s relationship and interest in the project, the specific provision or provisions of the chapter from which the variance is requested, and the grounds which must be in accordance with the provisions of this subchapter and must be signed by the applicant.
(2) At the option of the Zoning Administrator and/or the City Council, the application shall be accompanied by a site plan showing pertinent information including, but not limited to:
(a) Description of site (legal description);
(b) Site plan drawn at scale showing parcel and building dimensions;
(c) Location of all buildings and their square footage;
(d) Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
(e) Landscaping and screening plans;
(f) Drainage plan;
(g) Sanitary sewer and water plan with estimated use per day;
(h) Soil type; and
(i) Any additional data reasonably required by the Zoning Administrator and/or by the City Council.
(B) (1) The City Council, upon receipt of a proper application for a variance shall set a time and place for a public hearing before the Council on the application.
(2) At least ten days in advance of any hearing, notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city.
(C) (1) Written notice of the public hearing shall be sent to all property owners or residents within 300 feet of the property. The public hearing shall be given not more than 30 days, nor less than ten days, in advance by publishing a notice in the official newspaper of the area. The notice shall describe the particular variance and shall contain a description.
(2) Assessor tax records and street addresses shall be deemed sufficient for location or certification of ownership of the adjacent properties.
(D) The City Council may continue the hearing concerning the application for a variance, or it may hold additional hearings as it deems advisable. The Board of Adjustment shall issue its order concerning the application within ten days of the conclusion of the hearing relating to any given application.
(E) A certified copy of an order of the City Council either granting or denying an application for a variance shall be filed for record. The order issued by the Council shall be in writing, giving the reasons for the decision and shall include a legal description of the property involved.
(F) All decisions by the Council in granting or denying a variance shall be final except that any aggrieved person or persons, or any department, board or commission within the county or state shall have the right to appeal, within 30 days, after receipt of notice of the Council’s decision, to the District Court on questions of law and fact.
(2001 Code, § 11.16)