(b) Meetings and Records. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its meetings and official actions, all of which shall be filed in the office of the Clerk of Council and be a public record.
(c) Filing Procedure. Written application for a variance shall be filed with the Enforcement Officer, who shall transmit the same, together with the preliminary plat, and other papers pertaining to the application, to the Board. Written application for an administrative appeal shall be made to the Board as well as to the Enforcement Officer. All applications made to the Board shall be in writing and shall be filed with the Code Enforcement Officer at least fifteen working days prior to the meeting at which they are to be heard. Each application shall refer to the specific provisions of these Regulations involved and shall set forth exactly a clear description of land involved, the interpretation of these Regulations that is claimed and/or the details of the variance proposed to be granted.
(d) Specific Powers Relative to Administrative Errors. The Board shall hear and decide appeals where it is alleged there is an error in any administrative decision made by the Code Enforcement Officer in the enforcement of these Regulations. Any person claiming to be aggrieved by an order, requirement or decision made by the Code Enforcement Officer may appeal to the Board. Such appeal shall be taken within twenty days of the date of the decision by filing with the Code Enforcement Officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The Code Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from is taken. Normally, such review by the Board shall be limited to alleged errors in interpretation of these Regulations.
(e) Specific Powers Relative to Variances. The Board shall have the power to authorize, upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of these Regulations as will not be contrary to the public interest, but only in the case of peculiar conditions involving irregular, abnormally narrow, shallow or steep lots or other unusual physical conditions such that strict and literal application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved, but in no other case. No variance from the strict application of any provision of these Regulations shall be granted by the Board unless it finds, beyond reasonable doubt, that all the following facts and conditions exist:
(1) Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the immediate vicinity;
(2) Literal interpretation of the provisions of these Regulations would deprive the applicant of rights commonly enjoyed by other property owners in the immediate vicinity under these Regulations;
(3) The special conditions and circumstances do not result from the actions of the applicant;
(4) Granting the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by these Regulations to other lands, structures or buildings in the same vicinity; and
(5) Granting the variance will be in harmony with the general purpose and intent of these Regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(f) Public Hearings Procedure.When an application or appeal has been filed in proper form and with the required data, the Secretary of the Board shall immediately notify the Chairman who shall publish a notice stating the time, place and object of the hearing. Such notice shall be published in a newspaper of general circulation in the City at least ten days prior to the public hearing. Any party may appear at such public hearings in person or by agent or attorney.
(g) Approval Procedure. The Board shall decide all applications and appeals within sixty-five days after completion of the hearing. Such decision shall be binding upon the Code Enforcement Officer and/or the Planning Commission. The terms and conditions of the decision by the Board shall be incorporated into any building permit or certificate of occupancy whenever such is authorized by the Board.
The presence of all three members shall constitute a quorum. A concurring vote of all three members of the Board shall be necessary to reverse an administrative decision of the Code Enforcement Officer or the Planning Commission to decide in favor of the applicant on any matter upon which it is required to pass by these Regulations, or to grant a variance from the requirements of these Regulations. The Board shall act by resolution and a copy of each resolution duly adopted shall be filed in the office of the Clerk of Council.
(h) Appeals Procedure. Appeals from the Board of Appeals in their decisions on administrative error and variances shall be to the Court of Common Pleas of Montgomery County, as provided by the statutes of the State.
(Ord. 73-09. Passed 3-13-73. )