Section 17.08.040 Special exceptions and zoning variances.
Prior to the adoption of Ord. 2389 on 08/01/2005, Section 17.08.040 read as follows.
All applications for the granting of special exceptions and
bulk area and other variances from
the strict application of the city s zoning code shall be filed with the city clerk and referred
by
the city clerk to the zoning board of appeals for public hearing. Prior to the public hearing notice
of the hearing shall be published not less than once, not more than thirty (30) days and not less
than fifteen (15) days before the hearing in a newspaper published in the city in accordance with
and as required by Section 17.08.030. The board of appeals shall forward their recommendations
regarding granting or denying the requests for variance or special exception to the city council
within thirty (30) days after the close of the public hearing or the board shall be deemed to have
approved the same. A proposed special exception which fails to receive the approval of the board
of appeals shall not be approved by the city council except by favorable vote of a majority of all
alderpersons of the city then holding office. Special exceptions and variances that are allowed
shall be granted by the enactment of an ordinance by the city council which states the terms and
conditions thereof, if any. (Ord. 1258 § 1 (part), 1994: prior code § 40-14-1(B))
17.08.040