(A) Applications. An application (including conditional use permit requests), in cases in which the Board of Zoning Adjustment has original jurisdiction under the provisions of this subchapter, may be taken by any property owner, including a tenant, or by a governmental officer, department, board, or bureau. All applications hereunder shall be accompanied by payment of the fee prescribed herein, except when the city is the applicant. Such application shall be filed with the Administrative Official who shall transmit same to the Board of Zoning Adjustment.
(B) Appeals. An appeal to the Board of Zoning Adjustment may be taken by any person aggrieved or affected by any decision of the Administrative Official. Such appeal shall be taken within thirty (30) days after the date of the decision and is taken by filing with the Administrative Official a notice of appeal specifying the grounds thereof together with the filing fee required by the Board. The Administrative Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(C) Hearings. If any application or appeal is received at least five (5) working days before a regularly scheduled meeting of the Board of Zoning Adjustment, it shall act within forty-five (45) days after such meeting. Failure to act within such period shall be considered approval. Before making an decision on an application or appeal, the Board shall hold a public hearing at such times as shall be determined by the Board itself. Special hearings can be arranged at the call of the Chairperson. Notices of the time and place of hearings shall be mailed to applicants and be published for one (1) week prior thereto in a newspaper of general circulation in the city. Each application or appeal shall be accompanied by a check payable to the City Treasurer or a cash payment in the following amounts as specified in § 156.016. If additional costs are incurred, the applicant shall pay upon receipt of a statement from the appropriate city official.
(Ord. passed 1-27-87; Am. Ord. 07-0-002, passed 2-26-07)