(a) Setting Hearing. The Zoning Officer shall set a public hearing to review applications for variances.
(b) Notice of Hearing and Time for Consideration.
(1) Notice of the hearing before the Board of Zoning Appeals shall be published once in one or more newspapers of general circulation in the City, at least seven days prior to the date fixed for the hearing. The notice shall include the place, time and date of the hearing, the location of the property and the nature of the proposed variance. Failure of a newspaper to accurately or timely publish a properly submitted notice does not invalidate the granting or denial of a variance.
(2) A notice containing the information required by subsection (b)(1) hereof shall be sent by first class mail to all property owners listed, pursuant to Section 1113.02(c)(5) not less than seven days prior to the date fixed for the hearing. Failure of any such property owners to receive mail notice does not invalidate the granting or denial of a variance.
(c) Public Hearing. The Board of Zoning Appeals shall grant or deny the variance following the public hearing and after considering the requirements listed in Section 1113.03. Its decision shall be accompanied by written findings of fact specifying the reasons for the decision reached. The Board of Zoning Appeals shall impose such conditions as are reasonably necessary to serve the purpose and objectives of this Zoning Ordinance.
(d) Right of Appeal. Any party, including the administrative staff of the City, aggrieved or affected by the decision of the Board of Zoning Appeals involving an application for a variance may appeal to Council pursuant to Section 1107.06.
(e) Issuance of Zoning Certificate. Upon approval of the variance by the Board of Zoning Appeals or upon appeal and approval by Council, the Zoning Officer shall issue to the applicant a zoning certificate which states all terms of the variance as granted including any conditions imposed by the Board of Zoning Appeals and any modifications ordered by Council on appeal. A variance and any right to a Zoning Certificate based on said variance shall expire automatically if, for any reason, within two years of approval of the variance, construction has not commenced on the construction, development or improvement for which the variance was granted. Once initiated, construction must proceed in a typical, conscientious and continuous manner toward completion.
(Ord. 95-36. Passed 6-20-95.)