174

ADMINISTRATION AND PROCEDURES iii. The dimensions and locations of proposed structures and uses; iv. The heights of existing and proposed structures; v. Astatement detailing the proposed use, which shall be signed by the applicant; and vi. Such other documentation as may be necessary to determine conformance with the provisions of this Code. E. When the Planning and Zoning Administrator determines that an application for a zoning certificate does not comply with the provisions or intent of this Code, or that an application does not provide sufficient information to determine compliance with this Code, then the Planning and Zoning Administrator shall deny the application and shall not issue a zoning certificate. F. The Planning and Zoning Administrator may refer zoning certificates to the BZBA for review. G. Within fourteen (14) days of the Planning and Zoning Administrator’s denial of a zoning certificate, the applicant may file a written appeal with the BZBA. Any applicant who does not file an appeal within fourteen (14) days of the date of denial by the Planning and Zoning. SECTION 1109.13 VARIANCES A. The provisions set forth hereunder shall apply to the review and grant of variances under this Code. B. An applicant seeking a variance shall submit a written request for variance on forms provided by the Planning Zoning Administrator together with the applicable fee. In addition to information relating to the subject property and the applicant, the request for a variance shall include the following information: i. A description of the nature of the variance requested and a statement demonstrating the extent to which the requested variance conforms to the standards for variance in this Code; ii. Astatement of hardship; and iii. Such other information and exhibits as may be appropriate to establish the facts of the appeal and the grounds for relief. C. Before approving or denying a request, the BZBA shall hold at least one public hearing on the matter. The BZBA shall cause notice of the hearing to be made to the public by seven (7) days advance publication, in a newspaper of general circulation in the City, of the place, time, date and the nature of the variance applied for. The BZBA shall also cause the subject property to be posted with a notice of hearing at least seven (7) days prior to the day of the hearing. The notice of hearing shall state thereon the nature of the request and the time and place of the public hearing. D. No variance from the strict application of the provisions of this Code shall be granted unless the BZBA makes specific findings of fact, based on the evidence presented to it, which support conclusions that the variance conforms to the following standards: i. The variance is in accord with the general purpose and intent of the regulations imposed by this Code in the district in which it is located, and shall not be injurious to the area or otherwise 190

175 Publizr Home


You need flash player to view this online publication