(A) Application for appeal. A petition for appeal shall be filed with the Secretary, who shall forward a copy of the same to the Board of Appeals without delay. The application shall be filed in the number of copies, in the form, and contain information as the Secretary of the Board of Appeals may prescribe from time to time. The appeals application shall be accompanied by four paper copies and one electronic copy of a plat, drawn or pictured to an accurate scale, showing all pertinent information which shall include, at a minimum, the existing zoning and actual use of the property involved and adjoining and adjacent properties as well as the general area immediately affected by the variance. The Board of Appeals shall conduct a public hearing on the appeal within 60 days from the date of the receipt of the application by the Secretary of the Board of Appeals.
(B) Notice of hearing. The Board of Appeals shall cause to be published a public notice of hearing on each proposed appeal at least once, not less than 15 days nor more than 30 days before the hearing, in a generally circulated newspaper published within the city. The notice shall contain the date and location of the public hearing, the address or location of the property for which the appeal is requested and a brief statement of the nature of the appeal, stating the particular section or sections of the municipal code of the city that apply to the case and shall state that every person in attendance at the hearing shall have an opportunity to be heard.
(C) Notice to property owners. The applicant shall, not less than 15 days before the date of the public hearing, serve written notice, either in person or by registered or certified mail, return receipt requested, on at least one owner of each property within 250 feet in each direction of the lot line of the subject property unless waived for good cause by the Board of Appeals or the City Council. Ownership may be based on the tax records of Adams County or by title search. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement; provided that in no event shall this requirement exceed 400 feet. The notice shall contain the same information as is required under division (B) above for the public hearing notice. If, after a diligent effort by the applicant, the owner of a property on which notice is to be served cannot be found, or a mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of these provisions shall be deemed satisfied. Proof of service by affidavit shall be filed with the Secretary of the Board of Appeals. Failure to comply with the provisions of this division shall not invalidate an appeal decision.
(D) Decision by the Board of Appeals following hearing. The Board of Appeals shall within 30 days submit to the City Council a proposed ordinance setting forth any variation it has approved.
(E) Continuation of hearing. After the required notice of a scheduled hearing has been published or served on adjoining property owners, the hearing may be continued or withdrawn only upon approval of the Board of Appeals. A request by an applicant for continuation or withdrawal may be granted for good cause shown. The requests must be made in person or in writing to the Board of Appeals, setting forth the reasons for the request. Notwithstanding any request, the Board of Appeals may hold any required public hearing and make a recommendation to the City Council regarding the application; or grant a continuance and defer taking any final action, but proceed with any required public hearing. If an applicant (who has otherwise failed to previously request a continuation or withdrawal of an application) fails to appear at the scheduled hearing, the application may be denied by the Board of Appeals with or without any required public hearing.
(F) Review. Any applicant may seek review of a decision of the Board of Appeals by filing a written request with the City Clerk within 30 days of the Board of Appeals hearing. The applicant shall file also a copy of the request with the Secretary of the Board of Appeals. The Secretary shall then submit to the City Clerk the findings and decision of the Board of Appeals.
(G) Action by the City Council. After the Board of Appeals decision, the City Council may pass the ordinance, approve or deny a request for review or remand either to the Board of Appeals for further consideration, or take other appropriate action.
(1980 Code, § 11.707) (Ord. 9093, passed 12-4-2006; Ord. 9423, passed 8-16-2021)