(a) The applicant for a building permit may appeal a refusal to the Zoning Board of Appeals by giving notice of appeal to the secretary of the Board not more than ten days after receipt of the notice of refusal.
(b) The Zoning Board of Appeals is hereby authorized, constituted and directed to hear the appeal. It shall hold a public hearing, and at least ten days' notice of the hearing shall be given by publication once in a newspaper of general circulation in the City and by mailing notice to the owners of all properties adjacent to and directly in front of any other property proposed to be built on or altered and to the owners of any other property deemed by the Board to be affected thereby. The names and addresses of property owners herein required to be served shall be furnished to the Board by the applicant. On such appeal the Board shall consider de novo the following questions:
(1) Whether the proposed building or structure is of such design, material or location that it will result in a substantial impairment or destruction of value in neighboring real estate owned by inhabitants of the City, and
(2) Whether the use of the particular design, material or location proposed, or a substantially similar one, is reasonably essential to the development of the property proposed to be built on or altered.
(c) The Board shall receive evidence on such questions, subject to the rules governing the receipt of evidence in courts of common pleas of this State, and may designate disinterested real estate experts to give evidence on such questions. The Law Director shall act as counsel for the Chief Building Official or any other officer of the City at such hearing or in connection therewith.
(Ord. 1963-226. Passed 9-17-63.)
(d) The Board shall decide such questions within sixty days after the taking of such appeal, but this limitation is directory only and does not affect the Board's jurisdiction. If the Board decides the first question in the affirmative and the second in the negative, the permit shall not be issued; otherwise it shall be issued immediately.
(Ord. 1983-201. Passed 10-11-83.)
(e) No permit shall be issued while an appeal is pending before the Board, while litigation is pending in any court challenging the Board's action, while any appeal is pending from any court action overriding or revoking the Board's action, nor during the time within which such appeal from a court's action can be lawfully taken.
(Ord. 1963-226. Passed 9-17-63.)