A. Application Filing:
1. An application for a special exception or a variance must be filed with the city clerk on application forms provided by the city.
2. Supporting materials must be submitted as specified on the application form.
3. Monthly application deadlines for the board of adjustment are published in the department of planning and community development. The board of adjustment will review all complete applications received by the deadline at their regularly scheduled, monthly meeting.
4. The applicant bears the burden of proof and must support each of the approval criteria for the specific proposed exception or variance, as set forth in chapter 4, article B of this title, by a preponderance of the evidence.
B. Optional Preapplication Conference: Prior to application for a special exception or a variance, the applicant is encouraged to meet with the staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the applicable city standards and requirements and to ensure that the applicant is familiar with the review and approval procedures for a special exception.
C. Approval Procedures:
1. Once a complete application has been received, city staff shall review the application for compliance with the approval criteria applicable to the specific proposed exception or variance and issue a report and recommendation to the board of adjustment.
2. At a public hearing, the board shall review all applicable evidence presented regarding the proposed exception or variance.
3. The board of adjustment will approve, approve with conditions, or deny an application based on the facts presented in evidence. In order to approve a special exception or variance, the board must find that the specific proposed exception or variance meets the applicable approval criteria as set forth in chapter 4, article B of this title or as set forth elsewhere in this title.
4. In permitting a special exception or a variance, the board may impose appropriate conditions and safeguards, including, but not limited to, landscaping and screening, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum setback requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of this title. (Ord. 05-4186, 12-15-2005)