(a) A developer shall apply and receive the approval of the City Engineer prior to the development or redevelopment of land in the City.
(b) The City Engineer shall review all applications and shall approve those applications determined to be in full compliance with all the requirements of this chapter.
(c) A developer may submit his application seeking approval under the terms of this chapter in conjunction with an application seeking approval under the terms of the City Zoning or Subdivision Ordinances.
(d) The provisions of this chapter may be varied as follows:
(2) The Board of Zoning Appeals shall have the authority to vary the provisions of this chapter, when a developer submits his application seeking approval under the terms of this chapter in conjunction with an application seeking approval under the terms of the City Zoning or Subdivision Ordinances.
(3) All other requests for variances from the provisions of this chapter may be granted by the City Planning Commission.
(e) Variances may be issued by the City Engineer or Board of Zoning Appeals only if it finds all of the following conditions to exist:
(1) The variance is the minimum necessary to afford relief;
(2) There are exceptional or extraordinary circumstances or exceptional conditions applying to the property in general that do not apply to other properties in the vicinity;
(3) Failure to grant the variance would result in exceptional hardship to the applicant; and,
(4) The authorizing of such variance will be of substantial detriment to adjacent property or the public interest.
(f) Appeal of decisions under the terms of this chapter shall be as follows:
(1) A decision by the City Engineer may be appealed in writing to the Board of Zoning Appeals within 30 days of the decision being rendered.
(2) A decision by the Board of Zoning Appeal shall be a final decision which may be appealed as provided by law.
(Ord. 26-03. Passed 11-17-03.)