(a) Appeals to the Board of Zoning Appeals may be taken by any person, firm, or corporation, or by any officer, board, or department of the city, deeming himself or herself or itself to be adversely affected by any decision or action of the Zoning Inspector or by any administrative officer deciding matters relating to this Planning and Zoning Code.
(1) Initiation of appeal. A notice of appeal shall be filed with the Clerk of the Board of Zoning Appeals within 20 calendar days after the date of any adverse order, requirement, decision, or determination and shall be accompanied by payment of the required fee as set forth in § 1264.11. The written notice of appeal shall specify therein the grounds and reasons for the appeal. Upon the filing of any such appeal, the Clerk shall forthwith notify the Zoning Inspector of the action so appealed. Within three working days, the Zoning Inspector shall transmit to the clerk all data pertaining to the subject matter upon which the action so appealed was taken. Nothing herein contained shall extend the time for the filing of an appeal of any adverse order, requirement, decision, or determination to the Board of Zoning Appeals.
(2) Public hearing by the Board. When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Clerk shall place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by mail, addressed to the parties making the request for appeal, variances, or exception at least ten days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than ten days prior to the date set for such hearing or appeal, written notice of the hearing shall be caused by the Board to be given by first class mail to any person, firm, or corporation owning premises located within 300 feet of the property line of the property to which the appeal or application relates. Failure of delivery of the notice shall not invalidate action taken on the application. Further notice shall be given in one or more newspapers of general circulation in the city at least ten days before the date of the public hearing. The Board may recess the hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney. The appellant, except the municipality, shall, in addition to the standard filing fees, post security in an amount determined by the Zoning Inspector, subject to approval by the Board of Zoning Appeals, for the cost of all action required for the hearing of the appeal.
(3) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.
(4) Decision of the Board. Within its powers, the Board of Zoning Appeals may, by a favorable vote of three or more members, reverse or affirm, wholly or in part, or otherwise modify the decision or order appealed from and incorporate or attach such conditions as it may reasonably determine appropriate thereto. To that end, the Board of Zoning Appeals shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a certificate. The Board shall render a decision on the appeal without unreasonable delay.
(5) Notification of Board's decision. The Clerk of the Board shall notify the appellant in writing of the decision of the Board. The Board shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep records of its official actions. The Board of Zoning Appeals shall advise City Council and the City Planning and Zoning Commission, in writing, via the meeting minutes or, if directed by the Chairman, special notification, of actions taken pursuant to Article III, § 3 of the Charter.
(Ord. 08-O-37, passed 12-1-2008)