• Section 12.05  Procedure for Appeal.
   (a)   An applicant requesting any action by the Board shall commence such request by filing a notice of appeal on the form supplied by the City, accompanied by such appeal fee as determined by the City Council, and all plans, studies and any other information and data as applicable, all of which shall be made a part of the record.
   (b)   Every appeal from a determination of the Zoning Administrator or other duly authorized enforcing agent shall be made by the applicant within thirty (30) days of the date of the order issuance or refusal to issue a permit.
   (c)   The Board shall fix a time for a hearing on the appeal, and shall notify the applicant of the time and place of such hearing.  Notice of the public hearings shall be sent no less than fifteen (15)  days before the hearing to the persons to whom real property is assessed within three hundred (300) feet of the boundary of the property for which the appeal is being sought.  Notices will also be sent by mail or personal delivery to the occupants of structures located within three hundred (300) feet of the property in question.  The same notice shall be published in a newspaper of general circulation within the City no less than fifteen (15) days before the hearing.  If the tenant's name is unknown, the term "occupant" may be used.  The notice shall:
      (1)   Describe the nature of the variance request(s);
      (2)   Indicate the property that is the subject of the variance request(s);
      (3)   State when and where the public hearing for the variance request(s) will be held; and
      (4)   Indicate when and where written comments will be received concerning the variance request(s).
   (d)   Any person may appear at the public hearing or be represented by an agent or attorney, and present any evidence in support of their appeal.  The Board of Zoning Appeals shall have the power to require the attendance of witnesses, administer oaths, compel testimony, and otherwise cause the production of books, papers, files, and other evidence pertaining to matters properly coming before the Board of Zoning Appeals.
   (e)   The Board shall not decide an appeal until after a public hearing.
   (f)   The Board may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and shall have all the powers of the officer or body from whom the appeal was taken, and may issue or direct the issuance of a permit.
   (g)   The Board may impose conditions with any decision.  Such conditions imposed shall meet all of the following requirements:
      (1)   Be designed to protect natural resources, public health, safety, and welfare and the social and economic well being of those who will use the land, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
      (2)   Be related to the valid exercise of the police power, and purposes, which are affected by the proposed use or activity.
      (3)   Be necessary to meet the intent and purpose of this Zoning Ordinance, be related to the standards established in this Zoning Ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.  Violations of any of these conditions shall be deemed a violation of this Zoning Ordinance, enforceable as such and/or may be grounds for revocation or reversal of such decision.
   (h)   All decisions of the Board shall be in writing, and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the Board.  The applicant shall be advised of the decision after the public hearing unless the Board moves for a continuation of such hearing.
   (i)   Any decision of the Board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct and the conditions upon which the decision was based are maintained.
   (j)   The Board may reconsider an earlier decision, if, in the opinion of the Board, circumstances justify taking such action.
   (k)   No order of the Board of Zoning Appeals permitting the erection or alteration of a building shall be valid for a period of longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
   No order of the Board of Zoning Appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year, unless such use is established within such period.  Provided, however, that such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.
   (l)   Any person or persons, or any board or department of the City, having an interest affected by a decision of the Board, shall have the right to appeal to the circuit court on questions of law and fact.  Such appeal must be filed in writing within thirty (30) days after the Boards decision has been certified in writing or the Board approves the minutes of its decisions. A request for reconsideration under subsection (j) above shall not toll the time for taking such appeal.  In the event a request for reconsideration is granted, the time period for appeal shall commence upon the date of the approval of the minutes of the meeting where the appeal was reconsidered.  In any event, only one (1) request for reconsideration on each appeal shall be allowed.