§ 151.149  VARIANCES AND APPEALS PROCEDURE.
   (A)   The procedure for taking action on a variance or an appeal shall be as follows.
      (1)   An application for a variance or an appeal of the requirement, decision or determination of an administrative officer shall be filed with the City Clerk stating the peculiar difficulties claimed. A major or drawing may be required to be part of the findings and records.
      (2)   The request shall be referred to the Board of Adjustment and Appeals for consideration and public hearing.
      (3)   The Board of Adjustment and Appeals shall cause to be published, a notice of public hearing, in the official newspaper at least ten days prior to the date of the hearing.
      (4)   The Board of Adjustment and Appeals shall cause the adjoining property owners to the site of the proposal to be notified by letter at least ten days prior to the date of the hearing.
      (5)   The Board of Adjustment and Appeals shall hold the public hearing and within a reasonable time make its order deciding the matter and shall serve a copy of the order upon the appellant or petitioner by mail.
      (6)   The decisions of the Board of Adjustment and Appeals are final subject to judicial review in the District Court.
      (7)   The Board of Adjustment and Appeals shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order.
      (8)   A certified copy of a variance granted, including the legal description of the property involved, shall be filed with the County Recorder of the county in which the municipality is located.
   (B)   The following rate is adopted to implement the provisions of this chapter.
      (1)   A person filing for a zoning variance causes need for a public hearing to be held. It also causes need for all property owners within a 350-foot radius of the site to be notified in writing of the public hearing.
      (2)   A fee per occurrence shall be charged to each person who applies for a zoning.  Fees shall be set annually by the City Council by ordinance.
(Ord. 75, passed 12-27-1990; Res. passed 11-13-1995)