§ 111-5. Notice and Hearings on Notwithstanding Ordinances.

The property owner shall file a written application with the Director of City Planning outlining the need for relief from existing legislative and administrative procedures. The application shall include the address of the subject property, the name and address of the property owner, the proposed use of the property, a copy of the building zone map showing the subject property, and a statement outlining all of the practical difficulties created by following existing legislative and administrative procedures. The director shall immediately forward a copy of the application to the clerk of council and shall prepare a report on the application, which shall be submitted to the clerk of council prior to the scheduled public hearing. The failure to receive a staff report prior to the public hearing shall not prohibit the committee from proceeding with the scheduled public hearing and shall not invalidate an ordinance.

A committee of council shall hold a public hearing on a proposed notwithstanding ordinance relative to the zoning code or the building zone map before reporting its recommendation to council. The clerk of council shall fix the time and place for the hearing. The clerk shall publish notice of the public hearing in the City Bulletin or in another newspaper of general circulation in the city at least 14 days in advance of the hearing. The clerk shall keep a copy of the application available for public inspection at least 14 days in advance of the hearing.

The clerk shall also mail notice of the public hearing to a community council representing the location of the application and to all owners of property located within a 400-foot radius of the subject property at least 14 days prior to the hearing. The owners and their mailing addresses shall be determined from the current tax list of the county auditor. The failure to notify by mail an owner of property or a community council shall not invalidate an ordinance.

A community council shall mean an organization participating in the neighborhood support program or included on a list of community councils approved by the city council and filed with the clerk. The area of representation of a community council shall be shown on a map approved by the city council and filed with the clerk. City council may approve a map showing an area as being represented by more than one community council.

The committee of council shall consider the following when making a recommendation to council:

Whether the proposed application will not have an adverse effect on the character of the area or the public health, safety and welfare;

Whether the proposed application is consistent with the purposes of this code and the zoning district where the subject property is located including but not limited to:

(a)

Providing a guide for the physical development of the city.

(b)

Preserving the character and quality of residential neighborhoods.

(c)

Fostering convenient, harmonious and workable relationships among land uses.

(d)

Achieving the arrangement of land uses described in the comprehensive plan for the development of the city as may have been adopted by council.

(e)

Promoting the economic stability of existing land uses and protecting them from intrusions by inharmonious or harmful land uses.

(f)

Providing opportunities for economic development and new housing for all segments of the community.

(g)

Creating pedestrian-friendly environments to reduce reliance on the automobile for travel.

(h)

Preventing excessive population densities and overcrowding of land or buildings.

(i)

Ensuring the provision of adequate open space for light, air and fire safety.

(j)

Ensuring that development is compatible with the environment, particularly on the hillsides and along the riverfront.

(k)

Promoting the conservation, protection, restoration and enhancement of the historic resources of the city.

(l)

Lessening congestion in the public streets by providing for off-street parking and loading areas for commercial vehicles.

(m)

Providing effective signage that is compatible with the surrounding urban environment.

(n)

Setting standards by which a nonconforming use may continue to function and to provide for the adaptive reuse of nonconforming buildings.

The committee's recommendation to council may include conditions or limitations on the use of the subject property and the length of time for continuation of the use of the subject property.

(Ordained by Ord. No. 381-2007, eff. Nov. 24, 2007; Emer. Ord. No. 141-2015, § 85, eff. July 1, 2015)