1127.03 BOARD OF ZONING APPEALS PUBLIC HEARING PROCEDURE.
   (a)   The Board of Zoning Appeals shall schedule regular monthly meetings to conduct business as required.
   (b)   Public Hearing Procedure for Administrative Appeals and Area Variance Applications. Before the Board of Zoning and Building Appeals may take final action on any administrative appeal or application for an area variance, it shall hold a public hearing and give notice thereof in general terms of the subject of the appeal by posting such notice at the City Hall and by mailing it by first class mail at least fifteen days prior to the public hearing to the owners of property contiguous to and directly across the street from the parcel or parcels which are the subject of the appeal, such notices to be mailed to the addresses of such owners appearing on the County Auditor’s current tax list or the County Treasurer’s mailing list.
      (1)   The Board shall inspect the site which is the subject of an appeal at some time prior to taking final action on the appeal.
      (2)   The Board shall act within forty-five days after receipt of all required information, and failure to act within such period shall be considered disapproval of the appeal, unless an extension of time is mutually agreed upon. Before making any decision on an appeal, the Board shall hold a public hearing or hearings at such times as are determined by the Board itself.
      (3)   All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney. The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
      (4)   The Board may call upon any City department or outside consultant for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
   (c)   On-Site Posted Notice of Public Hearing. At least ten days prior to any scheduled public hearing of the Board of Zoning Appeals upon an appeal from a decision of the Building Commissioner or other officer, or upon a request for an area variance, the Building Commissioner shall cause a sign to be posted upon the site which is the subject matter of such appeal or request indicating that such hearing will be had by the Board and further indicating the time and date of such public hearing.
(Ord. 2022-24. Passed 5-24-22.)