(a) The Zoning Board of Appeals is authorized to engage the services of a secretary, and shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member or his failure to vote. Upon issuance by the Board of any ruling, determination, order or recommendation, the Chairman of the Board shall transmit within ten days of the date of such ruling, determination, order or recommendation, a copy of the record thereof to the Clerk of Council, and such record, including conditions prescribed by the Board, shall be filed and posted for two weeks in the offices of the Director of Public Safety.
The report shall be open to public inspection and copies shall be mailed forthwith to each interested party noted therein.
(b) Council shall act upon matters reported or recommended to it as follows:
(1) Whenever the Board of Zoning Appeals of the City, pursuant to Section 1185.05, issues any ruling, determination, order or recommendation to Council requiring action thereon by Council for the approval, confirmance or disapproval of the same, the record thereof shall be reviewed by the Planning and Zoning Committee of Council and report made thereon to the Committee of the Whole.
(2) The Planning and Zoning Committee of Council and the Committee of the Whole shall apply the provisions of Sections 1185.05, Special Approval, and 1185.06, Variances, upon the basis of the record submitted to Council by the Board of Zoning Appeals pursuant to Section 1185.08 and such other evidence which may be submitted for Council’s determination.
(3) If Council finds that the recommendation of the Board of Zoning Appeals is supported by reliable, substantial and probative evidence and conforms to the standards as set forth in Chapter 1185 of the Planning and Zoning Code of these Codified Ordinances, it shall confirm the action of the Board of Zoning Appeals.
(4) If Council finds the recommendation of the Board of Zoning Appeals is not supported by reliable, substantial and probative evidence and does not conform to the standards set forth in Chapter 1185, it shall refuse to confirm the action of the Board of Zoning Appeals and set forth in writing the specific reasons for such refusal to confirm such action.
(5) In the event the Board of Zoning Appeals fails to recommend a variance or takes no action, Council may, upon the basis of the record and the application of the provisions of Section 1185.05, Special Approval, Section 1185.06, Variances, and this Section, reverse the action of the Board and grant the special use or variance requested.
(6) The Council may reverse or affirm, wholly or in part, or modify any recommendation of the Board of Zoning Appeals as, in Council’s opinion, ought to have been made under the circumstances.
(7) Council shall notify in writing each applicant or appellant of its action upon the ruling, determination, order or recommendation of the Board of Zoning Appeals.
(Ord. 55-87. Passed 7-14-87.)
(Ord. 55-87. Passed 7-14-87.)