1185.07 HEARINGS.

   (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.)

   (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. )

1185.08 RECORD AND REPORT TO COUNCIL.

   (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.)

1185.09 FEES.

   Council may from time to time establish fees to be charged for the following proceedings:

   (a)   Administrative review proceedings (the fee shall be returned to the appellant if he prevails).

   (b)   Applications for special approval proceedings.

   (c)   Applications for variance proceedings.

      (Ord. 72-72. Passed 8-31-72.)