(A) Application. An application for a variation of the regulations of this chapter may be made by a property owner or his agent to the Board of Adjustment. Such application shall be made in writing stating the variation requested, the location of the property for which the variation is requested, name of the property owner, and cause for the requested variation.
(B) Public hearing. The Board of Adjustment shall fix a reasonable time and place of the public hearing and shall give notice of the time and place of the public hearing, published at least once, not more than 30 days and not less than 15 days before the hearing in one or more newspapers with a general circulation within the municipality.
(C) Report of findings. The Board of Adjustment shall report its finding and recommendations to the City Council within 30 days after the public hearing.
(D) City Council action. Upon receipt of the report and recommendations from the Board of Appeals, to grant or deny the variation, the Council, by ordinance, without further public hearing, may adopt the proposed variation or may refer it back to the Board for further consideration, and any proposed variation which fails to receive the approval of the Board of Appeals shall not be passed except by a favorable vote of two-thirds of all the members of the City Council. In making any variation, the Council shall be governed by the same considerations and restrictions as set forth above. No variations in any case shall be made by the City Council without a hearing by the Board of Adjustment as required herein nor without a report thereof having been made by the Board to the City Council and every such report shall be accompanied by a finding of fact specifying the reasons for the report.
(2000 Code, § 152.336) (Ord. 3020A, passed 1-12-2016)