(a) If an appeal or an application for other decisions accompanied by all required information, is received prior to ten days before a regularly scheduled meeting of the Zoning Board of Appeals, the Board shall act within sixty days of such meeting and failure to act within such period shall be considered Board approval of the appeal unless an extension of time is granted by Council. Before making any decisions or recommendations on a variance, the Board shall hold a public hearing or hearings, at such times as shall be determined by the Board itself.
(b) Notice of the time, place and date of hearings on appeal or applications to the Board for property located in an R-1 or R-2 Single-Family Residential District shall be given to the abutting residents and those within five building lots on each side of the property, upon both sides of the street, to which the variance or application applies. In the event the proposed location is a corner lot, notification shall be given to all residents within five building lots of the intersection for each street forming the intersection. Such notice shall be in writing and delivered by first class mail or personal service at least fourteen days prior to the date of the hearing at which the appeal or application will be considered by the Board. The addresses of those persons to be notified shall be as they appear on the County Auditor’s current tax list, the Treasurer’s mailing list or such other list or lists that may be specified by the Board. Nothing in this subsection shall prevent or prohibit the Board from advertising the time, date and place of the hearing, including the subject matter thereof, in a newspaper of general circulation in the City, once prior to the hearing in those cases wherein the Board determines to publish such notice.
(Ord. 127-76. Passed 1-25-77.)
(Ord. 127-76. Passed 1-25-77.)
(c) Notices of the time, place and date of hearings for appeals or applications for variances in any district other than an R-1 or R-2 Single-Family Residential District shall be mailed to the appellant and to adjacent property owners as they may appear on the County Auditor’s current tax list or the Treasurer’s mailing list, and be published at least once in a newspaper of general circulation in the City at least ten days prior to the date of the hearing at which the appeal or the application will be considered.
(Ord. 14-98. Passed 4-14-98.)
(d) All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for action.
(e) If an appeal has been denied by Council, the Board need not reconsider the same appeal if resubmitted within six months after the date of decision unless the underlying conditions have substantially changed.
(Ord. 127-76. Passed 1-25-77. )