Upon filing with the Board of Zoning Appeals, of an appeal or of a request for a variance, as required by the terms of the Zoning Ordinance, or for such other purposes as provided herein where the Board deems it in the public interest, the Board shall fix a time and place for a public hearing thereon as follows:
(a) Public Notice. By advertising at least once in a newspaper of general circulation in the City, not less than one week nor more than three weeks in advance of such hearing.
(b) Notice to Appellant. By mailing a notice thereof to the appellant.
(c) Notice to Local Officials. By mailing a notice to Council, the Mayor and the Planning Commission.
(d) Notice to Adjacent Property Owners and Occupants. By mailing a notice to adjacent property owners and occupants of lots on the same street within 100 feet of the lot or building in question and to every lot not on the same street within 100 feet. Failure to send or receive such notice as required in this paragraph shall not invalidate any action of or by the Board.
(e) Representation at Hearings. Upon the hearing any party may appear in person or by agent or attorney.
(f) Decision Upon Appeal. Whenever an appeal is taken to the Board of Zoning Appeals the Board shall render its decision upon such appeal within ten days from the date of the hearing on such appeal and in any event within thirty days from the date of the filing of the appeal as herein provided in this chapter.
(g) Second Hearing. Whenever the Board of Zoning Appeals, after hearing all the evidence presented upon an application or appeal, under the provisions of the Zoning Ordinance, denies the same, the Board shall refuse to hold further hearings on such or substantially similar application or appeal by the same applicant, his successor, or assign for a period of one year, except and unless the Board finds and determines from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare, and that a reconsideration is justified.
(Ord. 58(72-73). Passed 11-21-73.)