(a) Whenever the Board of Zoning Appeals recommends the approval or denial of an application for a variance from the provisions of this Zoning Code, the Board shall cause written notice of its recommendation to be delivered to:
(1) The Clerk of Council, who shall cause such recommendation to be posted in a place where public notices and other information are regularly posted; and
(2) The applicant.
(b) No later than forty days from the completion of delivery of notice as provided in subsection (a) hereof, Council shall act to approve, modify, alter, amend or disapprove of the recommendation of the Board to grant or deny the variance. Such action shall be taken by a motion adopted by a majority of the members elected to Council. A motion to approve shall be predicated upon the finding of Council that the proposed variance is based upon the applicant's unnecessary hardship or practical difficulties, whichever applies, and would not permit that which may only be effected by amendment to the Zoning Code. A motion to disapprove shall be predicated upon the finding that the proposed variance would permit that which may be effected only by amendment to the Zoning Code, or that the proposed variance is not based upon unnecessary hardship or practical difficulties as defined in this Zoning Code, or is otherwise unlawful.
(c) The Clerk of Council shall cause written notice of Council's decision to be delivered to the Building Commissioner, the Board of Zoning Appeals, the applicant and each owner of adjacent property. Delivery of the notice shall be by person to the Building Commissioner and the Board of Zoning Appeals and by certified mail to the last known address of the applicant and each owner of adjoining or contiguous real property. Upon receipt of the notice, the Board of Zoning Appeals shall enter upon its minutes Council's decision to either approve, modify, alter, amend or disapprove the applicant's variance request. If Council disapproves the applicant's request for a variance, no variance permit shall be issued by the Building Commissioner.
(d) If Council fails to act within the specified time, or fails to adopt a motion to approve, modify, alter, amend or disapprove, then, in the happening of any of these events, the Clerk of Council shall cause written notice thereof to be delivered to the Building Commissioner, the Board of Zoning Appeals, the applicant and each owner of adjoining or contiguous real property. Upon receipt of this notice, the Board of Zoning Appeals shall enter upon its minutes that Council failed to act or failed to adopt a motion to approve, modify, alter, amend or disapprove the proposed variance and that the recommendation of the Board of Zoning Appeals constitutes a final, binding decision.
(Ord. 167-93. Passed 8-15-94; Ord. 278-98. Passed 4-5-99.)