The planning and zoning commission is hereby established as the variance hearings board (hereinafter the "board") of the city. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointments to the planning and zoning commission. Members shall be removed for cause by the appointment authority upon written charges and after a public hearing.

(Ord. No. 2024-0001, § 7, 3-12-2024)

Editor's note— Ord. No. 2024-0001, § 7, adopted March 12, 2024, repealed the former § 38-602, and enacted a new § 38-602 as set out herein. The former § 38-602 pertained to similar subject matter and derived from the Ord. of 5-2016(2), app. II.

(a)

Appointment. The board established in code section 38-602 shall hear applications and petitions for variances and make recommendations to the mayor and council on such variance applications and petitions for final decision by the mayor and council.

(b)

Officers. The chairman, secretary, and any other officers of the planning and zoning commission shall serve in the same capacity on the board.

(c)

Meetings and public hearings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence, the acting vice-chair, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the board shall be open to the public. Public hearings shall be noticed and conducted in accordance with the procedures outlined in division 15.

(e)

No member of the board shall participate in a public hearing in which he has any pecuniary or special interest.

(f)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or falling to vote indicating such fact, and shall keep records of examination and other official actions, all of which shall immediately filed at city hall and shall be a public record.

(Ord. No. 2024-0001, § 8, 3-12-2024)

Editor's note— Ord. No. 2024-0001, § 8, adopted March 12, 2024, repealed the former § 38-603, and enacted a § 38-603 as set out herein. The former § 38-603 pertained to similar subject matter and derived from the Ord. of 5-2016(2), app. II; Ord. of 11-10-2020, app. II.

The board shall have the following powers: to hear a request variance and to recommend approval, approval with conditions, or denial to the governing authority of such variance from the terms of this division as will not to contrary to the public interest where, owing to special conditions, a literal enforcements of the provisions of this article will, in an individual case, result in unnecessary hardship, so that the spirit of this division shall be observed, public safety and welfare secured and substantial justice done. Such variance may be granted only upon a finding by the governing authority that the conditions necessary for a variance under this ordinance exist.

(Ord. of 5-2016(2), app. II; Ord. of 11-10-2020, app. II)

The application for variance shall be filed with the city clerk. The application shall be submitted in compliance with the following:

(1)

A survey of the property prepared by a licensed surveyor showing existing and proposed structures and uses, access drives, easements, utilities, buffers, existing zoning and any other supporting documentation as required by the hearings board to assist the board in rendering a decision;

(2)

A list of adjoining property owners as shown on the tax rolls;

(3)

Any additional information the applicant believes to be pertinent:

a.

The required application fee, if the applicant is other than the local government, as determined by the mayor and council, to cover the administrative and adverting costs of the application and the posting of the sign;

b.

A signed statement by the owner of at least 51 percent of the subject property authorizing the filling of the application variance.

(Ord. of 5-2016(2), app. II)

(a)

Planning and zoning commission public hearing and review.

(1)

The planning and zoning commission shall provide an opportunity for public comment on the application at a public hearing following the submission of a complete and timely submitted application. The city clerk shall submit a notice for publication in the legal organ of the city at least 15 days and not more than 45 days prior to the public hearing stating the time, place, and purpose of the hearing and shall maintain file copies of the plat application for public review prior to the public hearing.

(2)

Following a public hearing, the planning and zoning commission shall have 45 days from the submission of the application to recommend approval, approval with conditions, disapproval, or table the application. They will then refer the application to the mayor and council with their recommendation for approval or denial. If the planning commission does not take action within the 45 days of the submission of the application, the application shall be considered recommended for approval.

(b)

Mayor and council public hearing and review.

(1)

The mayor and council shall hold an additional public hearing before final approval or denial of the variance application. The city clerk shall submit a notice for publication in the legal organ of the city at least 15 days and not more than 45 days prior to the public hearing stating the time, place, and purpose of the hearing and shall maintain file copies of the plat application for public review prior to the public hearing.

(2)

Following a public hearing on the application, the mayor and council shall review the recommendations of the planning and zoning commission. The mayor and council shall have 60 days following receipt of the recommendation from the planning and zoning commission to review the application and shall approve, approve with conditions, disapprove, or table the preliminary application. If the application is disapproved, the city clerk shall notify the applicant, in writing, citing the reasons for disapproval. If the mayor and council does not take action within 60 days of the receipt of the recommendation from the planning and zoning commission the application shall be considered approved.

(Ord. No. 2024-0001, § 21, 3-12-2024)