§ 1445-11. Procedures for Application for Variances, Special Exceptions and Conditional Uses  


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  • The procedures for the application and application review for variances, special exceptions and conditional uses are as follows:

    (a) Application Form and Materials. An application for a variance, special exception or conditional use must be filed with the Director of Buildings and Inspections, in accordance with the provisions of Chapter 1441, Application Procedures, Permits and Certificates.

    (b) Application Procedures. The following procedures apply to the review of applications for a variance, special exception or conditional use:

    (1) The director has the duty to prepare a staff report on the application and transmit the staff report to the Zoning Hearing Examiner prior to the public hearing.

    (2) The examiner has the duty to schedule and hold a public hearing on the completed application in accord with the procedures for conduct of the public hearing set forth in § 1443-05 and § 1443-07.

    (3) Staff reports received by the examiner are to be considered at a public hearing. Following the conclusion of the public hearing and within ten working days, the examiner has the duty to take one of the following actions:

    (A) Approve the application.

    (B) Approve the application subject to specific conditions.

    (C) Postpone a decision pending consideration of additional information.

    (D) Deny the application.

    (c) Coordinated Review and Approval of Applications. Whenever, in addition to a variance, special exception or conditional use pursuant to this chapter, the applicant also requires another decision by the examiner, the applicant must simultaneously file all other required applications with the director. All required notices must include reference to the request for all required examiner approvals.

    (d) Public Hearing Waiver.

    (1) Property Owner or Authorized Agent. The examiner may waive the public hearing requirement on applications for a variance from side and rear yard and open space requirements and on all other applications for which public hearing waivers are specifically provided in this Code. Applicants requesting a public hearing waiver must submit a site plan of the proposed project, signed by every concerned community organization identified by the Director of Buildings and Inspections and the owners of every parcel of abutting real property.

    (2) City Agency or Department. The examiner may waiver the public hearing requirement on applications for a variance or special exception when a City agency or department makes the request where the strict application of the zoning code would be detrimental to the public health or safety in writing to the Director of Buildings and Inspections prior to zoning approval being issued. The examiner has the duty to provide notice of the decision to property owners within a 100-foot radius of the subject property and the community organization recognized by Council as representing the area that includes the subject property. This notification shall include the deadline date to file an appeal of the examiner's decision.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 258-2005, eff. July 21, 2005; a. Ord. No. 0059-2008, § 1, eff. March 13, 2008)