(a) Upon receipt by the Board of Zoning Appeals of a written application and payment of the fee provided for in Section 1155.04, together with all necessary plans, maps and data, and before taking action on any case, the Board shall hold a public hearing and give proper notice thereof. Notice shall consist of written notice, mailed not less than five days nor more than ten days before the date of the public hearing, to the record owner of the premises in the case, or his or her agent, and to the record owners of other parcels believed by the Board to be immediately affected by the case, or to the agents of these owners, to the extent that addresses can be obtained with reasonable diligence.
(b) The Board shall hear all parties appearing in the case and shall make a decision within a reasonable time, not exceeding thirty days from the date of the receipt of the application, unless additional time is necessary because of unusual circumstances.
(c) In granting an exception or a variance upon conditions, the Board shall require such evidence and guarantee as it may believe necessary so that the conditions designated are being and will be complied with.
(d) A copy of all decisions or determinations of the Board shall be transmitted to the Director of Buildings. Any permit issued by the Director of Buildings pursuant to any decision or determination of the Board shall have incorporated therein any special condition for the permit that is prescribed by the Board.
(e) No decision of the Board shall become effective or final until Council has taken action by resolution. Council shall either confirm, modify, or reverse the decision of the Board. If Council does not confirm, modify or reverse a decision of the Board within sixty consecutive calendar days of the Board's decision, the decision shall be considered confirmed. A resolution to confirm shall require the affirmative vote of a simple majority of Council to pass. If the resolution does not pass, any member of Council or the Mayor may introduce a resolution at a subsequent Council meeting confirming, modifying or reversing the decision of the Board. A resolution to modify the decision of the Board shall clearly state how the decision should be modified, and a resolution to modify or reverse shall require the affirmative vote of five of the seven elected members of Council to pass.
(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90; Ord. 2012-1. Passed 2-13-12; Ord. 2015-10. Passed 5-11-15.)