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§ 153.269 PUBLIC HEARING BY THE BOARD OF ZONING ADJUSTMENT.
   The Board of Zoning Adjustment shall hold a public hearing within 45 days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant. However, the public hearing shall not be held sooner than ten days after its receipt.
(Ord. 2013-2, passed 2-7-2013)
§ 153.270 NOTICES OF PUBLIC HEARING; IN NEWSPAPERS AND TO ADJOINING PROPERTY OWNERS.
   (A)   Before holding the public hearing, notice of the hearing shall be given in one or more newspapers of general circulation of the city at least seven days before the date of the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
   (B)   Each adjoining property owner shall be contacted in writing prior to the public hearing. Notice shall be mailed by the Chairperson of the Board of Zoning Adjustment, or duly appointed representative, by registered mail, at least seven days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in division (A) above.
(Ord. 2013-2, passed 2-7-2013)
§ 153.271 ACTION BY BOARD OF ZONING ADJUSTMENT.
   Within 30 days after the public hearing required in this subchapter, the Board of Zoning Adjustment shall either approve; approve with supplementary conditions as specified in § 153.099; or disapprove the request for appeal or variance. The Board of Zoning Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. Appeals from the Board decisions shall be made in the manner specified in §§ 153.260 through 153.271.
(Ord. 2013-2, passed 2-7-2013)
§ 153.272 ADOPTION OF APPENDICES BY REFERENCE.
   The appendices to this chapter are hereby adopted by reference and incorporated herein as fully as if set out at length within.
(Ord. 2013-2, passed 2-7-2013)
§ 153.999 PENALTY.
   (A)   Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, conditional uses and special use permits, shall constitute an offense under this chapter and shall result in a fine. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $300 nor less than $10.
   (B)   Each day such violation continues after receipt of a notice of violation, shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in or maintains such violation may each be found in violation of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2013-2, passed 2-7-2013)
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