(A) Application. An application for a variation of the regulations of this chapter may be made by a property owner or his or her agent to the Zoning Board of Appeals. Such application shall be made in writing, stating the variation requested, the location of the property owner, and cause for the requested variation.
(B) Public hearing. The Zoning Board of Appeals shall fix a reasonable time and place for the public hearing and shall give notice of the time and place of the public hearing, published at least once,
but not more than 30 days nor less than 15 days, before the hearing in one or more newspapers with a general circulation within the community.
(C) Report on findings. The Zoning Board of Appeals shall report its findings and recommendations to the City Council within 30 days after the public hearing.
(D) City Council action.
(1) Upon receipt of the report and recommendations from the Board of Appeals to grant or deny the variation, the City Council, by ordinance, without further public hearing, may adopt the proposed variation or may refer it back to the Board of Appeals for further consideration, and any proposed variation which fails to receive the approval of the Board of Appeals shall not be passed except by a favorable vote of two-thirds of all the members of the City Council. In making any variation, the City Council shall be governed by the same considerations and restrictions as set forth above.
(2) No variation in any case shall be made by the City Council without a hearing by the Zoning Board of Appeals as required hereinabove nor without a report thereof having been made by the Board of Appeals to the City Council, and every such report shall be accompanied by a finding of fact specifying the reasons for the report.
(Ord. 88-30, passed 8-8-88)