§ 6-3-8-6. PROCEDURE FOR MINOR VARIATIONS AND FENCE VARIATIONS.  


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  • Applications for minor variations and fence variations shall be reviewed and decided in accordance with the following procedure:

    (A)

    Notice and Opportunity to Comment: Upon receipt of a completed application for a minor variation or a fence variation, the City will provide notice, through use of a third party service, by first class mail to all owners of property located within a two hundred fifty (250) foot radius of the subject property, inclusive of public streets, alleys and other public ways whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The notice shall indicate that the application shall be available for review and submittal of written comments thereon ten (10) working days prior to the Zoning Administrator's determination.

    (B)

    Zoning Administrator's Decision: Within twenty (20) working days of receipt of a completed application for a minor variation or a fence variation, the Zoning Administrator shall, by written order, either approve, approve with conditions, or deny the requested minor variation.

    (C)

    Notification of Decision: The City shall send the Zoning Administrator's decision within ten (10) working days to the applicant and all other persons previously notified pursuant to Subsection (A) of this Section.

    (D)

    Records: A record of all applications for minor variations and fence variations shall be kept on file in the office of the Zoning Administrator. At least once a year, the Zoning Administrator shall make public a listing of his decisions, by address, regarding the applications for minor variations and fence variations.

    (E)

    Appeal: The applicant or an adjacent property owner may appeal the decision of the Zoning Administrator to the Zoning Board of Appeals within ten (10) working days of the Zoning Administrator's date of mailing of notification.

(Ord. No. 43-O-93; Ord. No. 102-O-94; Ord. No. 44-O-17 , §§ 1, 2, 9-11-2017)