(A)
Meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at other times as the Zoning Board of Appeals may specify in its Rules of Procedure.
(B) A record of the proceedings of each meeting shall be kept by the Board, relating evidence presented by the applicant and the resolution by the Board, the vote of each member on each question, or, if absent or failing to vote, indicating such fact. These shall be a public record and immediately filed in the office of the Board.
(C) The Board shall receive reasonable assistance from other departments in carrying out the functions of the Board.
(D) The Zoning Board of Appeals shall not consider any application or appeal without the payment of an application fee in an amount established by the City Commission. The application or appeal shall be filed with the Director of Public Works, who shall transmit the application, together with all plans, specifications and other papers pertaining to the application or appeal, to the secretary of the Board.
(E) An appeal from any ruling of the Director of Public Works or other administrative officer administering any portion of this chapter may be taken by any person, including the city, affected or aggrieved. Notice of such appeal shall be filed with the City Clerk and shall specify the grounds of such appeal, and it shall be filed within 15 days after the order, requirements, decision or determination appealed from is made.
(F) An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector certifies to the Board, after notice of appeal shall have been filed, that by reason of facts stated in this certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may, on due course shown, be granted by the Board or by the circuit court on application, after notice to the Director of Public Works.
(G) When an application or appeal has been filed in proper form and with the required data, the secretary of the Board shall immediately place the application or appeal upon the calendar for hearing and cause notices stating the time, place and object of the hearing to be served. Such notices shall be published in a newspaper of general circulation in the city and served personally or by mail at least 15 days prior to the day of such hearing, upon the applicant or the appellant, the Director of Public Works and the owners of record and occupants of property within 300 feet of the premises in question, which notices, if by mail, shall be addressed to the respective property owners of record at the address given in the last assessment roll. Any party may appear at the hearing in person or by attorney.
(H) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearings unless the Board so decides.
(I) No application for a variance which has been denied wholly or in part by the Board shall be resubmitted except upon proof of changed conditions satisfactory to the Director of Public Works or the Director’s designee.
(Ord. effective 11-29-2013; Ord. effective 1-1- 2022)