Variances—Review process
(a) Upon receipt of a variance application, in proper form, the zoning officer shall refer a copy to the zoning board of review and the department of planning and urban development acting in its capacity as staff to the planning board. This department shall review the application and make a written report on its findings and recommendations as to whether or not the request is consistent with the purposes and intent of the city comprehensive plan and this chapter within 30 days of receipt of the application.
(b) The zoning officer, or administrative officer for the planning board through the unified development review process, may refer a copy of the application to any other city departments, such as the public works department or fire department, for findings and recommendations on matters related to public health, safety and welfare.
(c) The zoning board shall fix a reasonable time not to exceed 30 days for a public hearing on a variance application. Notification including the date, time, place, purpose of the hearing, and street address of the subject property shall be:
(1) Published at least 14 days prior to the date of such hearing in a newspaper of local circulation in the city;
(2) Sent by first class mail to the applicant;
(3) Sent first class mail to all owners of real property whose property is located in or within 200 feet of the perimeter of the subject area, whether within the city or within an adjacent city or town; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located;
(4) Sent by first class mail to the city or town council of any city or town which is located in or within 200 feet of the perimeter of the subject area;
(5) Sent by first class mail to the city or town council of any city or town where there is a public or quasi-public water source or private water source that is used or is suitable for use as a public water source, at or within 2,000 feet of the subject property, regardless of the municipal boundaries;
(6) Sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is at or within 2,000 feet of the subject property, provided however, that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the building inspector in the city a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof;
(7) Posted in the city clerk's office and one other city building at least 14 days prior to the hearing;
(8) The city shall make the notice accessible on the home page of the city's website at least 14 days prior to the hearing;
(9) For notices sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
(d) The cost of newspaper and mailing notification shall be borne by the applicant.
(Rev. Ords. 1987, § 19-48; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)