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1109.09 APPLICATIONS.
   (a)   All requests for a decision or approval under this Code begins with the property owner or agent thereof filing an application with the Planning and Zoning Administrator on forms provided from time to time.
   (b)   A complete application shall include all required submissions and the payment in full of all applicable fees, which shall be proposed from time-to-time by the Mayor and approved by Council.
   (c)   The Planning and Zoning Administrator will determine whether an application is complete and is ready to be processed. In some instances, an additional application may be deemed necessary by the Planning and Zoning Administrator and, if so, an application will not be deemed to be complete unless and until all the applications are submitted and reviewed and determined to be in accordance with all submittal requirements. The applicant will be notified in writing of any deficiencies in the completeness of the application and shall have thirty (30) days from the date thereof to complete the application or the application will be deemed null and void.
   (d)   If a decision on the application is to be made by someone other than the Planning and Zoning Administrator, then the complete application shall be forwarded to the appropriate body for review in accordance with this Code.
   (e)   Unless otherwise prescribed by this Code or requested by the applicant, the applicable decision-making body or administrator shall render a decision on all applications within sixty (60) days from the original hearing.
   (f)   The Planning and Zoning Administrator, in consultation with the Director of Development, BZBA, or any additional City staff shall publish application procedures and additional requirements in a document to be known as the Development Handbook, which shall be incorporated here by reference. The Planning and Zoning Administrator shall make the most current version of this document available to the public in a manner that is easily accessible.
   (g)   In the interest of timely and efficient administration of the provisions of this Code, applicants may submit, and the Board may take action upon, concurrent applications for conditional uses, similar use determinations, variances, and other matters on which the Board is granted authority by this Code. All such concurrent applications shall be submitted in conformance with the applicable provisions of this Code. The Board shall not take such concurrent action if it determines that such concurrent action is not in the best interest of the City.
   (h)   Unless otherwise prescribed by this Code or requested by the applicant, the Board shall render a decision on all applications within sixty (60) days from the original hearing.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
1109.11 ZONING CERTIFICATE.
   (a)   The submission and review of zoning certificates shall be conducted in accordance with the provisions set forth hereunder.
   (b)   No use of land, building or structure and no construction or alteration of an existing use, building, or structure shall commence until a zoning certificate is issued by the Planning and Zoning Administrator certifying that the intended use of the premises has been documented, reviewed, and approved in conformance with the provisions of this Zoning Code. A zoning certificate shall only be issued by the Planning and Zoning Administrator subsequent to completion of all procedures and approvals required by this Code. The Planning and Zoning Administrator shall not be required to issue a zoning certificate where the subject property is not in compliance with the Zoning Code, Building Code, or Property Maintenance Code.
   (c)   Except as otherwise provided in this Code, a zoning certificate shall be required before:
   (d)   An application for a zoning certificate shall be submitted to the Planning and Zoning Administrator and shall include, a plan or plans drawn to scale showing:
      (1)   The dimensions and the shape of the lot to be used or built upon;
      (2)   The sizes and locations of existing structures and uses on the lot;
      (3)   The dimensions and locations of proposed structures and uses;
      (4)   The heights of existing and proposed structures;
      (5)   A statement detailing the proposed use, which shall be signed by the applicant; and
      (6)   Such other documentation as may be necessary to determine conformance with the provisions of this Code.
   (e)   When the Planning and Zoning Administrator determines that an application for a zoning certificate does not comply with the provisions or intent of this Code, or that an application does not provide sufficient information to determine compliance with this Code, then the Planning and Zoning Administrator shall deny the application and shall not issue a zoning certificate.
   (f)   The Planning and Zoning Administrator may refer zoning certificates to the BZBA for review.
   (g)   Within fourteen (14) days of the Planning and Zoning Administrator’s denial of a zoning certificate, the applicant may file a written appeal with the BZBA. Any applicant who does not file an appeal within fourteen (14) days of the date of denial by the Planning and Zoning Administrator.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
1109.13 VARIANCES.
   (a)   The provisions set forth hereunder shall apply to the review and grant of variances under this Code.
   (b)   An applicant seeking a variance shall submit a written request for variance on forms provided by the Planning Zoning Administrator together with the applicable fee. In addition to information relating to the subject property and the applicant, the request for a variance shall include the following information:
      (1)   A description of the nature of the variance requested and a statement demonstrating the extent to which the requested variance conforms to the standards for variance in this Code;
      (2)   A statement of hardship; and
      (3)   Such other information and exhibits as may be appropriate to establish the facts of the appeal and the grounds for relief.
   (c)   Before approving or denying a request, the BZBA shall hold at least one (1) public hearing on the matter. The BZBA shall cause notice of the hearing to be made to the public by seven (7) days advance publication, in a newspaper of general circulation in the City, of the place, time, date and the nature of the variance applied for. The BZBA shall also cause the subject property to be posted with a notice of hearing at least seven (7) days prior to the day of the hearing. The notice of hearing shall state thereon the nature of the request and the time and place of the public hearing.
   (d)   No variance from the strict application of the provisions of this Code shall be granted unless the BZBA makes specific findings of fact, based on the evidence presented to it, which support conclusions that the variance conforms to the following standards:
      (1)   The variance is in accord with the general purpose and intent of the regulations imposed by this Code in the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.
      (2)   The variance will not permit the establishment of any use which is not otherwise listed as a permitted use or a conditional use in the zone or district in which the subject property is situated.
      (3)   There exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought, which are peculiar to such land or structures and which do not apply generally to land or structures in the area, and which are such that the strict application of the provisions of this Code would deprive the property owner of the reasonable use of such land or structures. There must be a deprivation of the beneficial use of land, as opposed to mere loss in value as justification for the variance.
      (4)   There is proof of hardship or practical difficulty created by the strict application of this Code, beyond simply a showing that greater profit will result if the variance is granted. Economic hardship is not grounds for the variance. Furthermore, the hardship complained of is not self-created nor is it established on this basis by one who purchased with or without knowledge of the restrictions. The hardship results from the application of this Code and is suffered directly by the property in question.
      (5)   The variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose.
      (6)   The variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.
      (7)   The variance will not confer on the property owner any special privilege that is unduly denied by this Code to other land, structures, or buildings in the same district.
      (8)   No nonconforming use of neighboring land or structures in the same district and no permitted or nonconforming use of land or structures in other districts are considered as grounds for approval of the variance.
      (9)   The variance is not a matter of convenience when other remedies are available within the provisions of this Code.
   (e)   In granting any variance, the BZBA shall establish such conditions as are necessary to secure substantially the objectives of this Code. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a violation of this Code.
   (f)   No action of the BZBA granting a variance shall be valid for a period longer than twelve (12) months from the date of such action unless the zoning certificate is obtained within such period, and the erection or alteration of a structure is started or the use is commenced within such period, provided however, notwithstanding anything to the contrary herein, such twelve (12) month period may be extended by the Planning and Zoning Administrator upon the demonstration by the applicant that any delay in the commencement of the erection or alteration of a structure is the result of factors beyond the control of the applicant, in which case, the Planning and Zoning Administrator may elect to grant an extension of up to six (6) months.
   (g)   The BZBA shall not accept a new application for a variance that has been previously denied within twelve (12) months of denial.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
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