(a) Appeals. If the Commissioner of Assessments and Licenses refuses to issue or revokes or suspends a license, the applicant or licensee may appeal such order to the Board of Zoning Appeals. Such appeal shall be filed in writing with the Board within ten (10) days after the making of such order. The Board shall hear the appeal within ten (10) days after the filing. At the hearing, all interested parties shall be afforded an opportunity to be heard. In considering the appeal, the Board shall determine whether the Commissioner’s order was made in accordance with the provisions of this chapter. The Board shall approve, modify or annul such order, and the finding of the Board shall be final with respect to all parties.
(b) Exceptions. If the Commissioner of Assessments and Licenses refuses to issue or revokes or suspends a license, the applicant or licensee may request the Board of Zoning Appeals to issue an exception to the provision(s) of this chapter upon which the Commissioner’s order was based, as applied to the subject premises.
(1) Filing and Notice. Such request shall be filed in writing with the Board within ten (10) days after the making of such order by the Commissioner of Assessments and Licenses. The Board shall hold a public hearing to consider the request after providing public notice and, also, written notice mailed to the owner or his or her agent at the given address on the request and, so far as is practical, written notice to directly affected property owners or their agents given at least seven (7) days prior to the date of such proposed hearing, in such manner as the Board may, by its rules, prescribe.
(2) Action by the Board. In considering the request for an exception, the Board shall approve such request only if it determines that a strict application of the regulations will result in practical difficulty which inheres in and is peculiar to the subject premises and that granting of that request will not be contrary to the intent of the provisions of this chapter. In addition, the Board shall approve such request if it determines that the applicant has proposed an alternate and equally effective means of achieving the intent of such provisions.
(Ord. No. 672-97. Passed 6-19-00, eff. 6-29-00 without the signature of the Mayor)
Note: Renumbered by Ord. No. 1488-2000. Passed 10-9-00, eff. 10-17-00.