(a) Any application for a variance shall be submitted to the Administrator on special forms supplied for that purpose and shall contain:
(1) Site plan, plot plan, or development plan of the entire property being considered, drawn to reasonable scale and showing the location of all abutting streets, names and addresses of all adjacent and abutting property owners, the location of all existing and proposed structures and the types of buildings and their uses on the subject property.
(2) A statement of justification providing substantiating evidence regarding the required findings as set forth in Section 1131.08.
(3) A fee as set forth in Section 1129.04.
(b) Upon the filing of the application or appeal, the Administrator shall give notice of the time, place, and purpose of said hearing at least ten (10) days before the hearing date by one publication in a newspaper of general circulation in the City and by written notice to the owners of property contiguous to and directly across the street from the subject property. Such written notice shall be by first class mail to the owners as shown on the current tax list at least ten (10) days prior to the hearing. In the event there exists no newspaper of general circulation in the City then, in such event, this requirement shall be inoperative.
(c) Publication of the time, place and purpose of said hearing shall further be made on the City's website (cityofmentor.com) continuously for a period of time commencing at least ten (10) days prior to the hearing.
(d) The Board shall hold a public hearing on the application for appeal at its first meeting occurring ten (10) or more days after such publication, unless good cause for a continuance is shown. The Board shall decide the case within 62 days from the date of such hearing, unless the applicant or appellant consents to a further delay. At the hearing, any party may appear in person or be represented by an agent or attorney. The Board may recess any hearing from time to time, if the time and place of the continued hearing is publicly announced at the time of adjournment; no further notice shall be required.
(e) Decisions of the Board shall be by motion. Immediately following the Board's decision, the records, including any conditions prescribed by the Board shall be filed in the Administrator's office. A notice of each decision shall be sent to the applicant within five (5) days of the date of such decision. Where special conditions or requirements are imposed they shall be incorporated on any permit issued. Violation of any condition or requirement made a part of any decision shall constitute a violation of the Zoning Ordinance and shall be punishable by revocation of the permit or variance and such other penalties as are set forth in Sections 1129.05 and 1129.99 for such violations.
(f) Decisions of the Board shall be final and binding on the applicant provided, however, that any persons or the City aggrieved by any decision of the Board may appeal said decision by filing a petition with the Common Pleas Court within ten days of said decision.
(1969 Code 150.406; Ord. 20-O-044. Passed 5-19-20.)