(A) (1) The Board shall annually elect its own Chairperson and Secretary.
(2) Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine by rule. All meetings of the Board shall be open to the public.
(3) The Board shall adopt its own rules or procedures and shall maintain records of its proceedings which shall be filed in the office of the City Clerk and shall be a public record.
(4) The fees to be charged for appeals shall be set by resolution of the City Council.
(5) In those instances wherein lot area and yard requirements in lots existing of record cannot be complied with and must therefore be reviewed by the Board, the required fees for appeal, in whole or in part, may be refunded to the petitioner at the discretion of the Board of Appeals.
(1979 Code, § 5.142)
(B) (1) An appeal to the Zoning Board of Appeals based, in whole or in part, on the provisions of this chapter may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or bureau affected by the decision of the Building Inspector. Such appeal shall be taken by filing a notice of appeal with the Board of Zoning Appeals in appropriate form provided by the Building Inspector, payment of the required fee and shall specify the grounds for such appeal.
(2) The Building Inspector shall transmit all papers constituting the records of such surveys, plans or other information, as may be reasonably required, to said Board for the proper consideration of the matter.
(3) Upon a hearing before the Board, any person or party may appear in person or by agent or by attorney.
(C) (1) The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof in accordance with § 150.035 of this chapter. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and, to that end, shall have all the powers of the officer from whom the appeal is taken.
(2) The concurring vote of two-thirds of the Zoning Board of Appeals shall be necessary to reverse any order, requirement decision or determination of the Building Inspector or to decide in favor of the applicant any matter upon which they are required to under this chapter or to effect any variation in this chapter.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certified to the Zoning Board of Appeals, after notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property, in which case the proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the Zoning Board of Appeals or by a court of competent jurisdiction, on notice of the Building Inspector and on due cause shown.
(1979 Code, § 5.143)
(Ord. 62, passed 5-16-1978; Ord. 173, passed 2-3-2009)