(A) A person may request a variance from the terms of this subchapter based upon the grounds set forth herein.
(B) A request for a variance from the terms of this subchapter shall be submitted in writing to the City Secretary and shall include the following information:
(1) The person's name and address;
(2) The offense(s) requiring registration on the Database for which the person was convicted;
(3) Date(s) of conviction(s);
(4) The specific grounds supporting the person's request for a variance; and
(5) Any other information requested by the city.
(C) The Chief of Police may grant a variance request based upon the grounds set forth in this section. The Chief of Police shall issue a written ruling on a variance request within 15 business days of receiving a completed application. The Chief of Police's ruling may be appealed to the City Council by submitting a written request for appeal to the City Secretary within ten days from the date of the Chief of Police's ruling or the deadline for issuance of a ruling, in the event the Chief of Police does not make a ruling within the required time period. Upon receipt of a written appeal, the City Secretary shall schedule the appeal for the next regularly scheduled City Council meeting for which notice can be lawfully posted.
(D) In addition to the grounds set forth in herein, the City Council may grant a variance if it finds that the facts and circumstances demonstrate that the registrant's temporary or permanent residence within the child safety zone will not be a danger to children. A variance requested under this division (D) may be granted by the City Council only. A person who seeks a variance under this section shall apply for a variance as provided in division (B) above. Upon receipt of a completed application, the City Secretary shall schedule the variance request for the next regularly scheduled City Council meeting for which notice can be lawfully posted. The person requesting the variance shall be notified of the City Council's decision in writing.
(E) A variance granted under this section may include waiving the application of § 132.12 to the registrant, or reducing the size of the safety zone as it applies to the registrant.
(Ord. 2014-005, passed 8-19-2014)