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An appeal shall be entertained by the Board of Zoning Appeals only if formal action has been taken by the Zoning Inspector or the Building Inspector with regard to an application for a building permit or zoning certificate, the issuance of a stop order, a specific referral, a notice of violation or some similar action, provided that:
(a) The application for appeal from a decision shall be filed with the Zoning Inspector or the Building Inspector within 30 days of the alleged adverse decision.
(b) The application for appeal shall include reference to the decision and provision of this Zoning Code from which the appeal or variance is sought and the grounds thereof.
(c) The applicant for an appeal shall deposit, to secure costs, the fee specified in § 1262.05. Such fee shall be deposited with the Zoning Inspector or the Building Inspector to pay any costs that may be incurred. Such fee shall be deposited in the General Fund of the municipality and the Director of Finance is hereby authorized to accept such fee from the Zoning Inspector or the Building Inspector and deposit the same in such Fund. The Director is hereby authorized to draw his or her warrants upon such Fund in payment of such costs incurred and there shall be no refund.
(Ord. 74-O-128, passed 10-17-1974)
The Board of Zoning Appeals shall act in accordance with the procedure specified by statute and this Zoning Code. All appeals and applications made to the Board shall be in writing and on the forms prescribed therefor. Every appeal or application shall refer to the specified provision of this Zoning Code involved and shall exactly set forth the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Every decision of the Board shall be by order granting or denying the relief requested, each of which shall contain a full record of the findings of the Board by case number, together with all documents pertaining thereto. The Board shall decide all appeals within 60 days after the date of hearing, except that such time may be extended by mutual consent.
(Ord. 74-O-128, passed 10-17-1974)
When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Secretary shall immediately place the request for appeal upon the calendar for hearing and shall cause notices stating the time, place and object of the hearing to be served personally or by certified mail, addressed to the parties making the request for appeal and the owners of all property lying within, contiguous to, and directly across the street from, any part of the property for which a deviation from this Zoning Code is requested, at least 15 days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the last assessment roll. The Manager, the Mayor, Council and the Planning Commission shall also be notified. Such hearings shall be advertised by one publication in a newspaper of general circulation in the municipality at least 15 days before the date of such hearing. The Board, at its discretion, may send out further notices to publicize such hearings. The Board may recess such hearings from time to time and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
(Ord. 75-O-162, passed 5-20-1975)
A certified copy of any decision of the Board of Zoning Appeals shall be transmitted to the applicant or appellant, the Zoning Inspector, the Manager, the Mayor, Council and the Planning Commission. Such decision shall be binding upon the Zoning Inspector and observed by him or her and he or she shall incorporate the terms and conditions of the same in any permit or certificate to the applicant or appellant, whenever a permit is authorized by the Board. A decision of the Board shall not become final until the expiration of ten days from the date such decision is made, unless the Board finds that the immediate taking effect of such decision is necessary for the preservation of property or personal rights and so certifies the same on the record.
(Ord. 74-O-128, passed 10-17-1974)