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The Board shall schedule a hearing on all appeals or applications within sixty (60) days of the filing of the appeal application. The Board shall give notice of the hearing at least ten (10) days prior to the date thereof by publication in a newspaper of general circulation. The applicant must supply a list of names and addresses of all adjoining property owners to the Board. The Board shall make certain that written notice also be given at least five (5) days prior to the hearing date to all adjacent property owners. Any party may appear in person or by agent or attorney at the hearing.
(Ord. 98-176. Passed 8-3-98.)
The following will apply to the decisions of the Board of Zoning Appeals:
A. The Board shall decide all applications and appeals within thirty (30) days after the final hearing thereon.
B. The applicant shall be notified in writing of the Board's decision and the findings of fact which were the basis for the Board's determinations.
C. The Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination of the Building Inspector. The decision shall state any conditions and safeguards necessary to protect the public interest.
D. In reaching a decision, the Board shall be guided by standards specified in this Code as well as by the community goals and policies.
E. A certified copy of the Board's decision, including all terms and conditions, shall be transmitted to the Building Inspector and shall be binding upon and observed by him or her. The Building Inspector shall fully incorporate these same terms and conditions in the permit to the applicant whenever a permit is authorized by the Board.
F. All findings and decisions shall be clearly set forth in the minutes of the Board. In rendering a decision, the Board should show that:
1. It has considered and evaluated all available information and evidence.
2. It has heard all parties in question.
3. Any personal knowledge the Board may have of the subject under question has been taken into account.
4. The Board has received a report on the case based upon an inspection of the parcel in question.
(Ord. 98-176. Passed 8-3-98.)
A variance from the terms of this Code shall not be granted by the Board unless and until a written application for a variance is submitted to the Building Inspector. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied in the application. At a minimum, the application shall contain the following information:
A. The name, address and telephone number of the applicant;
B. A description of the nature of the variance requested;
C. A statement demonstrating that the requested variance conforms to the standards set forth in Section 1127.12; and
D. A fee as established by Council.
(Ord. 98-176. Passed 8-3-98.)
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