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Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board determines. 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 other official actions, all of which shall be immediately filed in the office of the Administrative Assistant and be a public record. Upon demand made in writing by any party, the Board shall make findings of fact upon which the decision is based and reduced same to writing and make available to all parties a copy of same. If an appeal is taken from a decision of the Board in granting a variance as provided by Section 1133.07, such findings of fact are to be completed and made available to all parties and to Council prior to the time that Council meets to hear the appeal.
(Ord. C79-74. Passed 1-20-75; Ord. C89-90. Passed 11-5-90.)
(a) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved by the decision of the Building Inspector in refusing building permits, certificates of occupancy or sign permits. Such appeals shall be taken within thirty days after the decision by filing with the Board a written notice of appeal on forms provided for that purpose by the Board, specifying the grounds therefor, and serving, within three days thereafter, a copy thereof together with notice of the date and time of the hearing on the Building Inspector. The Building Inspector from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which action of appeal was taken. The Building Inspector shall give notice of his refusal in writing to the interested party and shall transmit together with such notice, a copy of the rules, for procedure on appeal as established herein or as may hereafter be established by the Board.
(Ord. C79-74. Passed 1-20-75; Ord. C52-80. Passed 9-2-80.)
(b) An application fee of one hundred dollars ($100.00) shall be submitted with each application. Each application shall include eleven copies of any attachment. Where a change in the exterior appearance is requested, each application shall include a site plan, building elevation and, where required, a landscaping plan.
(Ord. C53-88. Passed 7-18-88; Ord. C21-96. Passed 4-1-96.)
The Board of Zoning Appeals shall fix a reasonable time and place for a public hearing of the appeal, give at least ten days prior notice in writing to the parties in interest, give notice of such public hearing by posting notice of the time, date, and place of the public hearing on the City’s website at least ten days before the date of such hearing and decide the appeal within a reasonable time after it is submitted. Upon the hearing, any person may appear in person or by attorney. Any party may have a stenographic record of the proceeding by demanding same at the time of filing the appeal and making a deposit in an amount prescribed by the rules of the Board to cover the cost thereof. Any party may demand that testimony be given under oath and the right to cross examine witnesses.
All decisions of the Board shall be final and effective after the decision is announced by the Board, except that any decision granting a variance shall not take effect until the expiration of twenty-one days from the date of the meeting of the Board at which such decision is announced during which time the decision may be appealed to Council as provided in Section 1133.07.
(Ord. C79-74. Passed 1-20-75; Ord. C89-90. Passed 11-5-90; Ord. C17-18. Passed 4-2-18.)
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