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Upon receipt by the Zoning Administrator of a complete application for a variance, the Zoning Administrator shall notify the Board which shall hold a public hearing as soon as practical.
(a) Notice of hearing. Notice of the time and place of the hearing by the Board of an application for a variance shall be given to all owners listed on the notarized statement of the property owners with same notice published at least once, not less than ten days before the hearing, in a newspaper of general circulation in the city. The published notice may be supplemented by the additional form of notice as the Board may, by rule, require.
(b) Conduct of hearing. Any person who satisfies the Chairperson of the Board that he or she has a significant interest in the subject matter of the hearing shall be afforded an opportunity to present evidence and argument, and to question through the Chairperson witnesses on all relevant issues, subject to the Chairperson’s imposition of reasonable limitations on the number of witnesses, and the nature and length of testimony in questioning. All testimony at the hearing shall be under oath administered by the Chairperson, or by affirmation. The Board shall make a full and complete record of the hearing, by any appropriate means. In the event of the filing of a judicial complaint challenging the Board’s decision, the record shall be transcribed on order of the Chairperson of the Board.
(Ord. 98-104, passed 9-14-1998)
(c) Communications outside of the hearing. Members of the Board shall base their consideration of the application for variance only upon the following information and evidence:
(1) Testimony and argument presented at the hearing, and not upon direct or indirect communication with any party or representative of the party made outside of the hearing;
(2) Reports, memoranda and other materials prepared by the Zoning Administrator in connection with the application and made a part of the record at the time of the hearing; and
(3) Personal inspections of the site which may take place with or without all of the interested parties or representatives present so long as no verbal communication takes place between the members of the Board and any of the parties or their representatives.
(Ord. 99-132, passed 10-11-1999)
The Board shall render a written decision on the application for variance setting forth its findings, together with the reasons for its decision. The written decision shall be communicated to the applicant within 30 days from the close of the hearing. The Zoning Administrator shall maintain complete records of all actions of the Board with respect to all applications for variances and shall notify Council of the Board’s action.
(Ord. 98-104, passed 9-14-1998)
No variance granted by the Board shall be valid for a period greater than six months from the date on which the Board grants the variance, unless within the time period, a building permit is obtained and the construction, moving or remodeling of a building or structure on the property is commenced. The Board may for good cause, without notice or hearing, grant a maximum of two extensions not exceeding six months each upon written application by the property owner.
(Ord. 98-104, passed 9-14-1998)
(a) The Board, in granting any variance from the strict application of this Zoning Ordinance, may prescribe conditions in conformance with this section which it deems to be necessary and reasonable. The Board shall attach conditions as safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots or the public. Specifically, the Board may attach one or more of the following conditions to a variance:
(1) Paving;
(2) Landscaping and/or screening fence or wall;
(3) Amount and location of off-street parking, loading and signs;
(4) Direction and intensity of outdoor illumination;
(5) Cleaning and painting;
(6) Control or elimination of smoke, dust, radiation, gas, noise or odor;
(7) Hours of operation;
(8) Activities, material storage and uses shall be conducted within an enclosed structure; and/or
(9) Other conditions as may be appropriate.
(b) If the variance is approved with conditions, the Board shall issue the variance listing the specific conditions upon which the variance was granted. Violations of the conditions shall be deemed a violation of this Zoning Ordinance and will be punishable under § 1135.99. Any violations will further revoke the variance which had been conditionally granted.
(Ord. 98-104, passed 9-14-1998)