Sec. 656.136. - Procedures for decisions on exceptions, variances, waivers, and appeals.

(a) The Commission, Downtown Development Review Board or Council, as the case may be, shall promulgate appropriate rules providing for the establishment and maintenance of a record of applications for zoning exceptions, variances, waivers and appeals. A verbatim transcript of the record is not required but the decision-making body shall establish the record in sufficient degree to disclose the factual basis for the final determination with respect to each application or appeal. Any member of the decision-making body may at any time view property under consideration and may incorporate that view when making a decision. (b) A final order on each application for an exception, a variance, a waiver, or on each appeal of a written interpretation of the Director shall be issued within 15 calendar days of the last hearing or meeting at which the application or appeal was considered and decided. Each order shall contain findings upon which the order is based and may contain such conditions and safeguards prescribed by the decision-making body as are appropriate in the matter, including, but not limited to, reasonable time limits within which action pursuant to the order shall be begun or completed or both, a limitation on hours of operation and design and installation of lighting or visual barriers such as fences, which conditions are for the purpose of protecting the interests of surrounding property owners. A copy of the order shall be furnished by regular mail within seven calendar days from the effective date of the order to the applicant and copies shall be made available by the Department to all persons who appeared before the decision-making body or filed a qualifying written statement concerning the application, or to any other interested persons. The final order shall be executed by the Office of General Counsel representative and the presiding officer and secretary of the decision-making body. The effective date of the order, and the date upon which the order is deemed to be issued, is the date upon which the order is actually signed by the last of all persons who are required to sign the order. (c) A zoning exception, variance or waiver shall be transferable and run with the land, except as hereinafter specifically provided, unless the decision-making body specifically makes the exception personal to the applicant or another individual, and the use shall be commenced within a period of one year from the effective date of the final order granting it. When the use requires licensure or other approvals by the State or any other governmental entity, such as a liquor license approval or approval for day care facilities, the zoning exception, variance or waiver granted in connection with such use shall not be transferable and shall be granted to the applicant or the State license holder. (d) The time within which the zoning exception, variance or waiver shall be commenced may be extended by the decision-making body for a period of time longer than one year. Failure to exercise the zoning exception, variance or waiver by commencement of the use or action approved within one year or such longer time as adopted by the decision-making body, as the case may be, shall render the exception, variance or waiver invalid and all rights arising thereunder shall terminate. Transfer of the property by the applicant where the zoning exception, variance or waiver is made nontransferable, shall terminate the exception, variance or waiver. (e) The following time limits apply to an application for a zoning exception, variance or waiver: (1) Whenever the decision-making body has denied an application for zoning exception, variance or waiver, no further application shall be filed for the same or a substantially similar exception, variance or waiver on a part or all of the same property for a period of one year from the date of the action. In the event that two or more applications for the same or a substantially similar exception, variance or waiver on all or part of the same property have been denied, no further application shall be filed for the same or a substantially similar exception, variance or waiver on a part or all of the same property for a period of two years from the date of the action denying the last application filed. (2) The time limits stated in paragraph (1) above may be waived by the decision-making body or the Zoning Administrator, as applicable, when this action is deemed necessary to prevent injustice or to facilitate the proper development of the City. (f) If a zoning exception, variance or waiver has been granted and the permitted use commenced, but then ceases for one year or more, the zoning exception, variance or waiver shall be considered rescinded. (Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 98-678-E, § 3; Ord. 2001-622-E, § 1; Ord. 2003-1112-E, § 3; Ord. 2007-564-E, § 10) Note— Former § 656.135 .