(a) Application for Variance. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Administrative Officer who shall transmit same to the Board. A fee to be established by Council shall accompany any application for variance.
(b) Appeals.
(1) An appeal to the Board may be taken by any aggrieved person or by an officer of the City affected by any decision of the Administrative Officer. Such appeal shall be taken within twenty days after the decision, by filing with the Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Administrative Officer certifies to the Board after the notice of appeal has been filed with it, that by reason of facts stated in the certificate, a stay would, in this opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of equity, after notice to the officer from whom the appeal is taken and for due cause shown.
(3) The Board in conformity with the provision of this chapter may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from the Administrative Officer, and to that end shall have all powers of the Administrative Officer from whom the appeal is taken.
(c) Hearings of the Board.
(1) The Board shall fix a reasonable time for the hearing of an appeal or application for variance, giving public notice thereof at least ten days to parties in interest, and decide upon the appeal within a reasonable time after it is submitted. Each application or notice of appeal shall be accompanied by the fee established by Council. At this hearing, any party may appear in person or by attorney.
(2) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information, to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in the application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.
(d) Decision of the Board.
(1) The Board shall decide all applications and appeals within thirty days after the final hearing thereon.
(2) A copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Administrative Officer and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the Board.
(Ord. 18-90. Passed 6-26-90.)