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MapLink™ Procedures | Notice

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Notice
1. The zoning Board of Adjustment shall hold a public hearing on all appeals and requests for special exceptions and variances, and written notice of all such public hearings shall be sent by the secretary of the board on forms prepared by the Development Services Department to the applicant and all other persons deemed by the board to be affected thereby, and all owners of real property lying within 200 feet of the property on which the special exception, variance or appeal is proposed, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll.

2. Such notice may be served by depositing the same, properly addressed and postage paid, in the City post office.

3. Notice shall also be given by publishing the same in a newspaper of general circulation in the City at least ten days prior to the date set for hearing, which notice shall state the time and place of such hearing; provided, however, all provisions contained herein with respect to the mailing and publishing of notices of hearing shall be deemed sufficient upon substantial compliance with this Section.

4. Burden of proof.
The burden of proof shall be on the applicant to establish the facts necessary, which the zoning Board of Adjustment must find before granting any special exception, variance or appeal as herein contained.

5. Limitation on reapplications.
When the Board of Adjustment has denied a proposal, no new applications of similar nature shall be accepted by the board or scheduled for 12 months after the date of board denial. Applications which have been withdrawn at or before the board meeting may be resubmitted at any time for hearing before the board.

6. Acceptance of applications.
The secretary to the board shall not accept an application for a special exception or a variance unless the same is specifically authorized by the Zoning Ordinance. If an appeal is made from a determination by the secretary that no variance or special exception of the nature requested is authorized by this the Zoning Ordinance, said appeal shall be to the City Council, without requirement for a public hearing, and the zoning Board of Adjustment shall not act on the item under question until a clarification or ruling has been obtained from the City Council.