4.6.D Procedure

4.6.D.1 Submittal of Application   

All applications shall be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2. 

4.6.D.2 Pre-Application Meeting and Project Neighborhood Participation Program   

All applications for variances, with the exception of applications for variances involving a single-family or two-family dwelling, shall include a Project Neighborhood Participation Program (Project NPP).  During a time of declared emergency by the Governor or Mayor, when in-person meetings are not an available option, the City Planning Commission Director shall be authorized to require teleconferencing, virtual, or other remote meeting formats to satisfy NPP requirements.

a.  Applicants shall first meet with the staff of the City Planning Commission to become familiar with the procedure and approval standards for variances and to obtain guidance on the requirements of the Project NPP.

b.  The Project NPP shall include the following information:

i.  A brief description of the proposal, including estimated start and end dates, known needed variances and citations for each, and a development plan for the project.

ii.  An outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3.

iii.  A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.
iv.  A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.

v. A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.

c.  The applicant shall provide the Project NPP and notice, including email notification to applicable registered neighborhood associations of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list.  In addition, the applicant shall notify the Board of Zoning Adjustments of the meeting date, time, and location not less than fourteen (14) days prior to the meeting.  The applicant shall hold the meeting at the noticed time.  The applicant shall distribute informational handouts to meeting attendees.  The handouts shall include information about the applicable zoning district, registering with City notification system(s), accessing application documents, and NPP meeting summary reports.  For the purposes of this section, meetings may be held in a physical location that is in accordance with the Board of Zoning Adjustments Administrative Rules, Policies and Procedures.  The notice provided in accordance with this section shall include a brief description of the request and shall indicate the existing zoning classification of the subject property.

d.  The applicant shall submit a Project NPP report with the application. The report shall provide the following information:

i. The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 

ii.  A list of the concerns, issues, and problems expressed by the participants.

iii. A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant should state the reasons.

iv.  Copies of letters, affidavits, meeting invitations, newsletters, publications, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.

v.  The date, time, and location of all meetings held with interested parties, or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.

vi.  A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.6.D.3 Action by the Board of Zoning Adjustments   

a.  The Board of Zoning Adjustments shall conduct a public hearing in accordance with Section 3.4 forty-five (45) days from the date the application is docketed. Notice for the public hearing is required in accordance with Section 3.3.

b.  Based upon the evidence presented at the public hearing, the Board of Zoning Adjustments shall evaluate the application against the standards in Paragraph F below.

c.  The Board of Zoning Adjustments may approve, approve with modifications, or deny the application within forty-five (45) days of the close of the public hearing.  The Board of Zoning Adjustments may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP.  The failure to resolve a finding of incomplete or inaccurate information may be grounds for denial.

d.  The decision shall be filed in the office of the Board of Zoning Adjustments within ten (10) days of the vote. Within ten (10) days of the effective date of the decision, written notification of such action shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16