1109.02  APPEALS AND VARIANCES.
   (a)   Appeals.  An appeal to the Board of Zoning Appeals concerning interpretation or Administration of this Zoning Code may be submitted by any person aggrieved by any decision of the Zoning Inspector. The appeal shall be submitted within 20 working days after the decision, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds upon which the appeal is being taken.  The Zoning Inspector shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.
      (1)   An appeal shall stay all proceedings in the furtherance of  the action appealed from unless the Zoning Inspector shall certify to the Board after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in the opinion of the Zoning Inspector, cause imminent peril to life or property.  In such case, proceedings shall not be stayed other than by restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
      (2)   The Board may, in conformity with the provisions of this Zoning Code, reverse or affirm, wholly or partly, or may modify the order, requirement decision, or determination appealed from, and shall make the order, requirement, decision, or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken.
   (b)   Variances. The Board of Zoning Appeals may authorize upon appeal in specific cases such variances from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of this Zoning Code would result in unnecessary hardship.  No nonconforming use in the same district and no permitted or nonconforming use in other districts shall be considered grounds for issuance of a variance.  Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Zoning Code would result in unnecessary hardship, and so that the spirit and purpose of this Zoning Code shall be observed and justice done.  A variance from the terms of this Zoning Code shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals.
      (1)   No variance in the provisions or requirements of this Zoning Code shall be authorized by the Board of Zoning Appeals unless the Board  finds that all the following facts and conditions exist.
         A.   That special conditions and circumstances exist which are peculiar to the land structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.
         B.   That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights enjoyed by other properties in the same district under the terms of this Zoning Code.
         C.   The special conditions and circumstances did not result from the actions of the applicant.
         D.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other lands, structures, or buildings in the same zoning district.
      (2)   In exercising its power, the Board may, in conformity with the provisions of statutes and of this Zoning Code, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end, shall have all powers of the office from whom the appeal is taken.
      (3)   In authorizing a variance, under no circumstances shall the Board grant an appeal or variance to allow a use not permissible under the terms of this Zoning Code in the district involved, or any use prohibited by the terms of this Zoning Code in the district.  In granting any appeal or variance, the Board may attach thereto such conditions and safeguards with respect to the location, character, and other features of the proposed structure, or use as it may deem necessary in the interest of the furtherance of the purpose of this Zoning Code; and in the public interest.  Violation of these conditions and safeguards, when made a part of the terms under which the appeal or variance is granted shall be deemed a violation of this Zoning Code and punishable under Section 1107.99.
      (4)   Any variance which is not exercised within one year from the date of  issuance is hereby declared to be void and revoked without further hearing by the Board.  A new variance must be obtained from the Board.
   (c)   Appeal and Variance Determination Procedure.
      (1)   Hearing. The Board shall hold a public hearing on an application for an appeal or variance within 35 working days from receipt of the application.
         A.   Notice of the hearing on an application for an appeal or variance shall be given by publishing the notice in a newspaper of general circulation of the City at least ten days before the date of the hearing.  Written notice of the hearing, shall be mailed by first class mail, at least ten days before the day of the hearing, to all abutting property owners.  The notices shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
         B.   Upon the day for hearing application, the Board may adjourn the hearing in order to permit the obtaining of additional information, or to cause further notice as it deems proper to be served upon other property owners as it decides may be substantially interested in the application. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing, unless the Board so decides.
      (2)   Within 30 days after the public hearing, the Board shall either approve, approve with supplementary conditions, or deny the request for appeal or variance.
         A.   A copy of the Board's decision shall be transmitted to all parties in interest.  The decision shall be binding upon the Zoning Inspector and observed by the Inspector, and the terms and conditions of the decision shall be incorporated in the certificate to the applicant or appellant, whenever a certificate is authorized by the Board.
         B.   A decision of the Board shall not become final until the expiration of five days from the date the decision is made, unless the Board shall find the immediate taking effect of the decision is necessary for the preservation of property or personal rights, and shall so certify on the record.  Appeals of the Board's decision shall be as stated in Section 1109.01(e)(2).
   (d)   Resubmitting Appeal or Request for Variance.  Any appeal or variance denied by the Board of Zoning Appeals may not be resubmitted for a period of six months unless the applicant can demonstrate to the Zoning Inspector and the Board of Zoning Appeals either of the following.
      (1)   That a new plan or use is proposed.
      (2)   That new facts or other pertinent information has been discovered that was not presented previously.
   (e)   Appeals from Board of Zoning Appeals. Appeals from the Board's decisions shall be made in the manner as specified in Section 1109.01(e).
   (f)   Fees. As established in Section 1107.06, the fees for appeals and variances shall be set by the City Council.  The current fee schedule is available for examination in the offices of the Zoning Inspector.
      (1)   The fee is part of and shall accompany the application.
      (2)   Fees are not reimbursable.