A. Right To Appeal; Variance:
1. Whenever the building official shall reject or refuse to approve a permit, the operator, or his duly authorized agent, may appeal from the decision of the building official to the Zoning Board of Adjustment.
2. A variance granted under this section authorizes the building official to issue an oil and gas drilling and production permit.
3. When the appellant files a request for appeal on the basis of written certification as herein provided and has not otherwise met the permit application requirements of this chapter, a variance granted under this section authorizes the building official to issue a permit only at such time as all other requirements for permitting have been met.
B. Notice Of Appeal:
1. Notice of appeal shall be in writing, stating the basis for appeal, and filed within twenty (20) days after the decision is rendered by the building official.
2. The City Clerk shall receive notice of appeals on behalf of the Board of Adjustment and shall forward said notices to the Clerk of the Board of Adjustment.
C. Jurisdiction Of Board Of Adjustment; Filing Fee: The Board of Adjustment shall have jurisdiction to act on appeals as authorized by this section upon payment of a filing fee in the amount provided for in subsection 2-6B-17C of this Code at the Office of the City Clerk.
D. Publication; Notice To Abutting Property Owners:
1. The notice of appeal shall be published at least once in a newspaper of general circulation in the City, not less than twenty (20) days prior to the date of hearing of the Board of Adjustment.
2. In addition thereto, such notice shall be mailed by the City Clerk to all record owners of property within a three hundred foot (300') radius of the exterior boundary of the drilling site not less than twenty (20) days prior to the date of hearing. The names and addresses of property owners within a three hundred foot (300') radius shall be determined by a certificate provided by the applicants from a licensed and bonded abstracting company.
3. The applicants shall pay the City in advance for the actual expenses of the mailed notice and certificates of mailing in addition to any fees due.
E. Notice To Hospitals, Schools: All hospitals and schools, whether public or private, shall be entitled to notice by mail, as described above, if they are within one-half (1/2) mile of the exterior boundary of the lease. (1994 Code § 23.5-34)