(A) Application for any adjustment permissible under the provisions of this subchapter shall be made to the Zoning Administrator, in the form of a written application for a building permit to use the property or premises as set forth in the application. An application for a variance shall be accompanied by payment of a fee as established in § 155.269, in addition to the regular building permit fee.
(B) All required information shall be submitted with the application, and the Zoning Administrator shall review the application, and within ten business days after receiving the application, he or she shall notify the applicant in writing if the application is not complete, and advise the applicant as to what additional information is required.
(C) When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing, and shall have notices of the hearing published in the legal newspaper, and shall notify all property owners within 350 feet of the outer boundaries of the property in question; not less than ten days and not more than 30 days prior to the hearing. However, failure of any property owner to receive notification shall not invalidate the proceedings at least once. The Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning Commission or City Council. Notice of the hearings shall be posted at the City Hall and in one other place at least ten days prior to the public hearing, in addition to publishing the notice in the official newspaper. This notice shall describe the particular amendment, date, time and place of hearing. The current City Assessor’s current tax records shall be deemed sufficient for the location or certification of ownership of the adjacent properties.
(D) The city shall take action to approve or deny the application within 60 days of receiving a completed application. If the city cannot take action to approve or deny the application within 60 days of receiving the completed application, the city may make a one-time extension of the time for taking action before the end of the initial 60-day period by providing written notice of the extension, the reasons for the extension, and its anticipated length, which may not exceed 60 days unless approved by the applicant in writing. A valid reason for this extension may be that the city needs more time to consider the application. A motion to approve the application which fails to pass because of sufficient votes, shall not be deemed to be a denial of an application. The passage of a motion to deny the application is required in order for an application to be denied. Additional extensions beyond the first extension will require the approval by the applicant in writing.
(E) Any person may appear or be represented by an agency or attorney.
(F) Within a reasonable time after the hearing, the Planning Commission shall make its order deciding the matter and serve a copy of the order upon the applicant or the petitioner by mail.
(Ord. 221, passed 11-6-1995)