(A) Organization of the Board of Zoning Appeals. The Board of Zoning Appeals shall organize, elect its Chairperson, and adopt rules necessary to the conduct of its affairs, and in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. The Chairperson, or in his absence the acting Chairperson, may administer oaths and the Board may compel the attendance of witnesses. 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 examinations and recommendations, all of which shall be immediately filed in the office of Clerk of Council or City Council and shall be a public record.
(B) Application. All applications and appeals to the Board of Zoning Appeals shall be made on a form provided by the Administrative Official together with a fee as referenced in § 150.200 and shall be filed with the Community Development Department. The Community Development Department will forward the application to the Clerk of Council and the Clerk will set dates for the Board of Zoning Appeals meeting and the City Council public hearing The Community Development Department will also forward a copy of the application to the Planning Commission. The application shall specify the reason for filing the application or appeal, the area and location of the property involved, the section of the zoning code involved, a clear and accurate description of the proposed work or proposed use, the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all properties within 200 feet of the boundary of the applicant’s property, including the three closest properties across any adjacent street right-of-way and the four closest properties on the same side of the street, two to the left and two to the right, and the name and address of the applicant and the nature of his interest in the property.
(C) Hearings and public notice. The Clerk of Council shall fix a reasonable time for the hearing of the application or appeal. The public hearing must be held within 45 days after the application for appeal has been filed with the Community Development Department. At any public hearing, any person may appear in person or by an agent or attorney. The City Council shall give ten days' public notice thereof in some daily newspaper of circulation to the city, as well as actual notice by regular mail to the landowners required to be listed on the application and to the applicant. Furthermore, the Community Development Department shall be required, at least ten days prior to the public hearing, to post a sign on the property line adjoining each public street or along the two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the sign shall be unobstructed from public view from the street or public right-of-way. Such signs shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions. The City Manager shall establish a reasonable fee for the cost of the signs which shall be paid by the applicant.
(D) Board of Zoning Appeals Meeting. A meeting of the Board of Zoning Appeals shall be scheduled prior to the scheduled public hearing before Council and shall be open to the public. The meeting shall be so scheduled as to provide sufficient time for the Board of Zoning Appeals to render a written recommendation to City Council.
(E) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Official certified to the City Council, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by City Council or by a court of record on application or notice to the Administrative Official from whom the appeal is taken, and on due cause shown.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 23-1991, passed 9-3-91; Am. Ord. 23-2021, passed 12-6-21)