(a) An applicant requesting any action by the Board shall commence such request by filing a notice of appeal on the form supplied by the City with the Building Official, accompanied by such appeal fee as is determined by the City Council and all plans, studies and any other information and data as applicable, all of which shall be made a part of the record.
(b) Every appeal from a determination of the Building Official or other duly authorized enforcing agent shall be made by the applicant within thirty days of an order, an issuance or refusal to issue a permit, a requirement or a refusal.
(c) The Board shall fix a reasonable time for the hearing of the appeal and give due notice of the appeal to the persons to whom real property within 300 feet of the premises in question is assessed, and to the occupants of single and two-family dwellings within 300 feet, the notice to be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. The Board shall decide the appeal within a reasonable time. If the tenant's name is not known, the term "occupant" may be used. Upon the hearing, a party may appear in person or by agent or by attorney.
(d) The Board shall not decide an appeal until after a public hearing. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Official or other duly authorized enforcing agent, or to decide in favor of the applicant any matter upon which the Board is required to pass under this Zoning Code, or to effect any variance from the terms of this Zoning Code, except that a concurring vote of two–thirds of the members of the Board shall be required to grant a variance from uses of land. A member shall disqualify himself or herself from a vote in which he or she has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which he or she has a conflict of interest shall constitute misconduct in office.
(e) The Board may reverse, affirm, vary or modify any order, requirement or determination as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.
(f) The Board may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:
(1) Be designed to protect natural resources, the health, safety and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(2) Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.
(3) Be necessary to meet the intent and purpose of this Zoning Code, be related to the standards established in this Zoning Code for the land use or activity under consideration, and be necessary to ensure compliance with those standards. Violations of any of these conditions shall be deemed a violation of this Zoning Code, enforceable as such, and/or may be grounds for revocation or reversal of such decision.
(g) All decisions of the Board shall be in writing and, so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts and findings of the Board. The applicant shall be advised of the decision after the public hearing unless the Board moves for a continuation of such hearing.
(h) Any decision of the Board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct, and the conditions upon which the decision was based are maintained.
(i) The Board may reconsider an earlier decision, if, in the opinion of the Board, circumstances justify taking such action.
(j) No order of the Board permitting the erection or alteration of a building shall be valid for a period of longer than one year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. No order of the Board permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period, provided, however, that such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.
(k) Any person having an interest affected by a decision of the Board shall have the right to appeal to the Circuit Court.
(Ord. 85. Passed 1–11–99.)
