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2005-11-01 P & Z Agenda
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2005-11-01 P & Z Agenda
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<br />~ " ~ <br /> <br />(D) Hearing. Upon filing with the Board of Adjustment of an appeal from a <br />decision of the Zoning Administrator, or an application for a variance, the Board of <br />Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in <br />interest as specified by law. The Board of Acljustment shall submit by mail to the <br />Commissioner of Natural Resources a copy of the application for proposed variances <br />sufficiently in advance so that the Commissioner will receive at least 10 days' notice of <br />the hearing. . . . <br /> <br />(E) Decisions. The Board of Adjustment shall arrive at a decision on the appeal or <br />variance within 60 days. In passing upon an appeal, the Board of Adjustment may, so <br />long as the action is in conformity with the provisions of this chapter, reverse or affirm, <br />wholly or in part, or modifY the order, requirement, decision or determination of the <br />Zoning Administrator or other public official. It shall make its decision in writing setting <br />forth the findings of fact and the reasons for its decisions. In granting a variance, the <br />Board of Adjustment may prescribe appropriate conditions and safeguards, which are in <br />conformity with the purposes of this chapter. Violations of these conditions and <br />safeguards, when made a part of the terms under which the variance is granted, shall be <br />deemed a violation of this chapter. A copy of all decisions granting variances shall be <br />forwarded by mail to the Commissioner of Natural Resources within 10 days of the <br />action. <br /> <br />(F) Appeals. Appeals from any decision of the Board of Adjustment may be made, <br />and as specified in this community's official controls and also state law. <br />--~--- --- --- ---- --- ------ ------ ---- <br /> <br />(G) Flood insurance notice and recordkeeping. The Zoning Administrator shall <br />notifY the applicant for a variance that the issuance of a variance to construct a structure <br />below the base flood level will result in increased premium rates for flood insurance up to <br />amounts as high as $25 for $100 of insurance coverage, and that this construction below <br />the I DO-year or regional flood level increases risks to life and property. This notification <br />shall be maintained with a record of all variance actions. A community shall maintain a <br />record of all variance actions, including justification for their issuance, and report <br />variances issued in its armual or biennial report submitted to the Administrator of the <br />National Flood Insurance Program. <br />(Ord. 33-A, passed 4-12-1989; Am. Ord. passed 5-24-1990) <br /> <br />~ 155.57 CONDITIONAL USES. <br /> <br />(A) Generally. The City Council shall decide applications for conditional uses <br />permissible under this chapter. Applications shall be submitted to the Zoning <br />Administrator who shall forward the application to the Plarming and Zoning Commission <br />for review and consideration. The Planning and Zoning Commission shall make a <br />recommendation to the City Council. The City Council shall, following such hearings it <br />considers necessary, consider the matter and render a decision.. <br /> <br />(B) Hearings. The Planning and Zoning Commission shall follow the hearing and <br />notice procedures for Conditional Uses contained in the Zoning Chapter of this Code in <br />making its recommendation to the City Council. Upon filing with the City an application <br />for a conditional use permit, the City shall submit by maif to the Commissioner of . <br />Natural Resources a copy of the application for the proposed conditional use sufficiently <br />in advance so that the Commissioner will receive at least 10 days' notice of the hearing. <br /> <br />17 <br />
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