Laserfiche WebLink
<br />125 <br /> <br />rezoning property or changing regulations within any use district shall pay a fee according to the <br />schedule established by resolution of the City Council. The fee is payable at the time of filing a <br />petition and is not refundable. <br /> <br />(B) Board of Appeals and Adjustments. The Planning and Zoning Commission shall act as the <br />Board of Appeals and Adjustments and shall have the power to hear and recommend requests for the <br />following: <br /> <br />(1) Interpretation. Hearing appeals where it is alleged that there is an error in a decision or <br />judgment made by an administrative officer in the interpretation or enforcement of this chapter or in <br />the interpretation of zoning district boundaries; and <br /> <br />(2) Variances. Recommend variances from literal ordinance requirements in instances where <br />strict enforcement would cause undue hardship because of circumstances unique to the individual <br />property under construction. <br /> <br />(C) Variance procedures. <br /> <br />(1) Applications provided by the city must be completed in writing prior to any consideration <br />of variance petitions. Fees for variances are established by resolution of the City Council. <br /> <br />(2) The Board of Appeals and Adjustments may require the applicant to provide copies of <br />plans, maps, surveys and the like, as deemed necessary, to ensure proper review and consideration of <br />variance petitions. <br /> <br />(3) After filing an application, the Administrator shall set a date for a public hearing. Notice <br />of the hearing shall be posted and published at least ten days prior to the date of the hearing, and notice <br />shall be mailed to each property owner within 350 feet of the property to which the variance relates. <br />Defects in the notice or failure to notify individual property owners shall not invalidate the <br />proceedings, provided a good faith effort was made to comply with these provisions. <br /> <br />(4) Upon the hearing request, the Board of Appeals and Adjustments shall either recommend <br />approval or denial for the variance and shall state the reasons for the action. Conditions for approval <br />may be attached to any variance granted. <br /> <br />(5) Upon receipt of the recommendations of the Commission, the Council shall hold <br />whatever hearings it deems advisable and shall make its decision upon the request to grant the variance. <br />In granting the variance the Council may impose conditions which it considers necessary to meet the <br />standards of this chapter and to protect the best interests of the surrounding area and the city as a <br />whole. Violation of any such condition is a violation of this chapter. The Board of Appeals and City <br />Council must fmd true the following, in the granting of a variance from this chapter: <br /> <br />(a) Granting a variance will not adversely affect the public health, welfare and safety and <br />will not be detrimental or injurious to property or improvements in the neighborhood; <br /> <br />125 <br />