1213.02 APPEALS.

   A.    Authority. The Board of Zoning Appeals shall hear testimony and other evidence concerning appeals from any final order or decision made by the Zoning Administrator concerning this Zoning Ordinance and render a final decision on such matters.

   B.    Parties Entitled to Seek Appeals. An appeal may be filed by any person, firm, or corporation, or by any office, department, board, bureau, or commission directly affected by an administrative order, requirement, decision or determination made under this Zoning Ordinance, by the Zoning Administrator, within forty-five (45) days of such order, requirement, decision or determination.

   C.    Application. An appeal shall be filed in writing on a form provided by the Zoning Administrator. The Zoning Administrator shall forward the appeal to the Board of Zoning Appeals for its consideration. (Ord. 03-67. Enacted 6-9-03.)

   D.    Public Hearing. The Board of Zoning Appeals shall hold one (1) public hearing in conformance with the requirements of Section 1213.01, Public Hearing Procedures, to review, consider, and approve, approve with conditions, or disapprove an appeal after the following public notification is given by the Zoning Administrator. Notice shall be provided by all of the following methods:

      1.    Mailing. Notice shall be sent by first class mail a minimum of ten (10) calendar days in advance of the public hearing, to all owners of land within two hundred (200) feet (inclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the County Appraiser, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation no less than four (4) days prior to the public hearing.

      3.    Notification to Organizations. Notification shall be sent by first class mail, a minimum of ten (10) days prior to the public hearing to any organization that requests notice.

         (Ord. 04-131. Enacted 11-22-04.)

   E.   Decision. The Board of Zoning Appeals shall hear testimony and evidence concerning appeals and shall render a final decision on all appeals. Such decision shall become part of the minutes of the Board of Zoning Appeals.