(A) (1) The Board of Appeals shall prescribe in connection with any variation such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of these zoning regulations.
(2) Such variations as are granted by the Board shall be void if the use is not commenced or if a building permit has not been obtained within 60 days of such granting or within the time stipulated by the Board.
(3) The concurring vote of four members of the Board is necessary to reverse any order, requirement, decision or determination of such an administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation in these zoning regulations, or to recommend any variation or modification in these zoning regulations to the corporate authorities.
(4) Upon the report of the Board, the City Council may without further public hearing, adopt by ordinance any proposed variation or may refer it back to the Board for further consideration, and any proposed variation which fails to receive the approval of the Board shall not be passed, except by the favorable vote of two- thirds of the City Council.
(5) Every variation made by ordinance, after a hearing by the Board, shall be accompanied by findings of facts specifying the reason or reasons for making the variation.
(6) Nothing contained in this section shall be construed to give or grant to the Board the power or authority to alter or change these zoning regulations or the zoning map, such power and authority being reserved to the Mayor and City Council in the manner provided by law.
(7) No such proposed application for variation shall be considered for passage by the City Council unless the real estate to which said application pertains has frontage of not less than 25 feet upon a dedicated and improved streets.
(B) No variation shall be made by the Board, except in a specific case and after a public hearing before the Board. A notice of the time and place of such public hearing shall be published in a paper of general circulation in the city at least once, not more than 30, nor less than 15 days before the hearing. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists.
(Prior Code, § 156.358) (Ord. 84-O-1136, passed 1-16-1984)