(A) Requests for a variance or appeal shall be filed with the City Administrator on an official application form. The application shall be accompanied by a fee as outlined in § 160.013 of this chapter. This fee shall not be refunded. The application shall also be accompanied by ten copies of detailed written and graphic materials necessary for the explanation of the request.
(B) Upon receiving the application, the City Administrator shall refer the application, along with all related information, to the Board of Adjustment and Appeals and city staff.
(C) After receiving the city staff’s report and recommendations concerning a request for variance or an appeal, the Planning and Zoning Commission, serving as the Board of Adjustment and Appeals, may set a date and hold a hearing on the request. The Board shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten days before the date of hearing to the person who filed the appeal or request, to all owners of property, according to the city assessment records, within 350 feet of the property to which the variance relates.
(D) Failure of property owner to receive notice shall not invalidate any such proceedings as set forth within this chapter.
(E) The Planning and Zoning Commission, serving as the Board of Adjustment and Appeals, shall make a finding of fact and shall decide whether to approve or deny a request for a variance or an appeal within 30 days after the public hearing on the request.
(F) A variance of this chapter or the granting of an appeal shall be by a simple majority vote of the Planning and Zoning Commission serving as the Board of Adjustment and Appeals.
(G) The City Administrator shall notify the originator of the variance request or appeal of the Board of Adjustment and Appeals decision in writing.
(Prior Code, § 1125.02) (Ord. 844, passed 05-20-2010; Ord. 970, passed 01-13-2020)