SECTION 11.02. POWERS AND DUTIES.

   The Board shall have power to hear and determine appeals from refusal of building, zoning, and use permits and to permit exceptions to and variations from the Zoning and Building Code regulations in individual cases as may be required to afford justice and avoid unreasonable hardship to property owners or users in accordance with standards established by Ordinance of Council. The Board shall commence hearing on all matters properly presented within sixty (60) days of filing or request and shall render a decision thereon within one hundred twenty (120) days from such filing unless a longer time is agreed upon between the appellant and the Board.

   Any appellant whose request for a variance from or exception to the zoning and building ordinances and regulations has been denied shall have a right of appeal to the Council by filing a written notice of appeal with the Clerk of Council within ten (10) days from the date of the decision of the Board. Council shall, by ordinance, establish procedures for such appeal and shall have the power to affirm, modify or overrule the decision of the Board. All other rulings and decisions of the Board shall be final.

   Public notice shall be given of hearing on any appeal by the posting of a notice in the main entrance of the Municipal Building for a period of at least fourteen (14) days and a written notice of exceptions to and variances to be considered by the Board and the hearings thereon shall be given to the following adjacent, contiguous, and nearby property owners:

   l.    All contiguous property owners.

   2.    In the event the property in issue faces a street on any or all sides, the next two (2) properties adjacent on each side facing said street; and the three (3) properties nearest across said street or streets; and the three (3) properties nearest to the rear lot line of said property in issue.

      (Amended November 6, 1990)