(A) The applicant for a variance shall complete and submit to the Administrator an application for a variance, together with a fee established by the City Council.
(B) The Planning Commission shall hold a public hearing on the proposed variance. Notice of the time, place, and subject matter of the proposed variance shall be published in the official newspaper. Property owners within 350 feet of the subject property shall receive a copy of the notice by mail. The notices shall be published and mailed 10 days before the public hearing. Failure to receive a notice shall not invalidate the proceedings.
(C) The Planning Commission shall make written findings of fact and recommendations on the proposed variance to the City Council.
(D) The City Council shall approve or deny the proposed variance following referral by the Planning Commission.
(E) Within 30 days from the date the request was received, the Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request to the City Council. The findings shall be entered in and made a part of the written record of the Planning Commission.
(F) Upon receiving the report and recommendation of the Planning Commission and within 60 days of the request being received by the Administrator, the City Council shall make a land use decision. The reports and recommendations shall be entered in and made a part of the permanent written record of the City Council.
(G) Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:
(1) Approve or disapprove the request as recommended by the Planning Commission; or
(2) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. The modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
(3) Refer the recommendation back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.
(H) Approval of variances or appeals shall require passage by a majority vote of the full City Council. The Administrator shall notify the applicant of the Council’s action.
(I) The decisions of the Planning Commission shall be advisory to the City Council. The decisions of the City Council shall be final subject to judicial review.
(Ord. 333, passed 12-27-2004)