Section 17.08.040 Special exceptions and zoning variances.

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 zoning 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 or variance which fails to receive the approval of the zoning board of appeals shall not be approved by the city council except by favorable vote of two-thirds (2/3) of all aldermen 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. 2389 passed and approved 08/01/2005.)