1137.03 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS .

   The Board of Zoning Appeals shall hold monthly meetings. Meetings may be cancelled at the discretion of the Chairman if there is no business to conduct. Special sessions may be called at the discretion of the Chairman.

(Ord. 2002-52. Passed 8-6-02.)

      A.   Notice of Public Hearing in Newspaper

Before holding the public hearing required in Section 1137.03, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the City at least ten (10) days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.

      B.   Notice to Parties of Interest

Prior to conducting the public hearing required in Section 1137.03, written notice of such hearing shall be mailed by the Clerk of the Board of Zoning Appeals by first class mail at least ten (10) days before the day of the hearing to property owners of adjoining parcels or parcels within three hundred feet (300') of affected property. The notice shall contain the same information as required of notices published in newspapers, as specified in Section 1137.03.A.

      C.   Action by the Board of Zoning Appeals

         1.   Within thirty (30) days after the public hearing required in Section 1137.03, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1137.04.F.2., or disapprove the request for appeal or variance.

         2.   The Board of Zoning Appeals shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. A copy of this decision shall be transmitted to the applicant and the Zoning Inspector.

         3.   Appeals from Board decisions shall be made in the manner specified in Section 1135.08.

      D.   Supplementary Conditions and Safeguards

Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved or any use expressly or by implication prohibited by the terms of this Ordinance in said district. In granting any appeal or variance, the Board of Zoning Appeal may prescribe any appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under Section 1133.016 of this Ordinance.