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Requests for variances from the requirements of this chapter must be filed with the city clerk thirty (30) working days prior to the regularly scheduled meeting of the zoning commission at which the request will be heard.
A. Any request for variance shall contain the following:
1. Proof that the particular property in question is being denied a right under this chapter that is being enjoyed by other properties in the same area and zone.
2. Proof that a variance grant will not be extending a special privilege to the subject property or cause what would in fact result in a change of land use not allowed in this chapter.
3. Specific address, metes and bounds description, or legal description of the subject property.
4. A list of the property owners of record, certified as accurate by the county clerk and recorder, located within one hundred fifty feet (150') of the applicant property.
5. Application fee.
B. The zoning commission shall notify by mail those property owners of record within one hundred fifty feet (150') of the applicant property of the request for variance. The zoning commission shall publish a notice of public hearing regarding the requested variance in the local newspaper of general circulation at least fifteen (15) days prior to the public hearing.
C. The zoning commission may delay its decision for recommendation on the application to the common council no more than thirty (30) days. After receiving the zoning commission's recommendation, the common council shall decide on the application and so notify the applicant and zoning commission in writing.
D. An application for the same variance affecting the same property shall not be submitted more often than once every twelve (12) months. (Ord. 2003-03, 4-15-2003)