(a) The Building and Zoning Board of Appeals shall not grant any variance from the provisions of the Zoning or Building Codes; affirm, reverse or modify any ruling or determination of the Building Official; or make any requested ruling except after a public hearing pursuant to public notice. A notice of the date, time and subject matter of the public hearing to be considered by the Board shall be given by first class mail postage prepaid at least five days prior to the date of such hearing to the applicant or appellant and to the independent record title owners of the following premises:
(1) Those contiguous to including those across the street from the premises involved; and
(2) Such other premises as may be ordered to be notified by rule or regulations of the Board or by its special order.
(b) For purposes of this section "independent record title holder," except as otherwise specifically provided herein for condominium property, means a person, who as disclosed by the records of the Fiscal Officer of the County, is the owner at any date within sixty days of the date of such notice. For condominium property, "independent record title holder" means the condominium homeowners association for the condominium property as disclosed by the records of the Fiscal Officer or Recorder of the County. Notice to a condominium homeowners association shall be deemed sufficient if it is addressed to the President and Secretary of the association and mailed to the address for the association listed in the records of the Fiscal Officer or Recorder of the County. Notice to the independent record title owner shall be notice to any subsequent purchaser of the property. Nothing herein provided shall be construed as limiting the power of the Board from enlarging on such notice.
(Ord. 2015-75. Passed 11-4-15.)