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(a) The Board of Zoning and Building Appeals shall hear appeals in the following matters:
(1) To hear and decide upon applications for variances from the terms provided in this Code subject to the standards established in Section 1109.07. The Board shall have the power to set conditions upon the exercise of any variance granted, but such conditions shall also be subject to the standards established in Section 1109.07.
(2) To hear appeals from decisions of the Building Inspector, or by any administrative officer on matters related to this Zoning Code for relief from any order, or decision, including the refusal, granting or revocation of permits.
(b) After the hearing the Board may decide appeals by affirming, reversing, wholly or in part, or modifying such order or decision.
(Ord. 17-1994. Passed 6-6-94.)
An appeal shall be taken to the Board of Zoning Appeals only if formal action has been taken by the Building Inspector or other officers or commission with regard to an application for a building permit, issuance of a stop order, specific referral or similar action provided:
(a) Within thirty days of such action, application for appeal from a decision shall be filed with the Clerk of Council; and,
(b) The application for appeal or variance shall include reference to the decision or section of this Zoning Code from which the appeal or variance is sought and all necessary data to support the application. (Ord. 17-1994. Passed 6-6-94.)
(a) The Board may establish rules for the conduct of its meetings; however, the lack of such rules shall not affect its jurisdiction, to hear appeals as provided herein.
(b) All meetings shall be open to the public, and shall be held at Village Hall.
(c) The Board of Zoning Appeals, upon receiving an application for a variance, or an appeal, shall hold a public hearing. The applicant for a zoning variance shall provide the names and addresses of owners whose properties abut, are across the street from, or are within 300 feet of the applicants property. Notice of the application shall be given to the affected property owners, by first class mail, which shall contain the date and time of the hearing and a brief summary of the application request. The Board shall hold a hearing not less than ten days after the notice thereof has been mailed to the affected parties. The failure to mail notices to owners whose names do not appear on the County Treasurer's tax duplicate list, as well as the failure of delivery of such notice, shall not invalidate any action of the Board. The expense of notifications shall be paid for by the applicant.
(d) In the event that a request is made for a variance which is greater than fifteen (15%) percent of the required set back, side line, or rear yard restriction, notice shall be given to all property owners within 600 feet of the applicant's property, as provided in the previous section. Notice shall also be given to the Mayor, Council, the Solicitor, and Village Engineer. The Board shall be required to hold at least two hearings, at least three days apart, before granting such a variance. (Ord. 17-1994. Passed 6-6-94.)
A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the transaction of business, and the affirmative vote of three members of the Board shall be necessary for any official decision. Failure to receive three affirmative votes will constitute a denial of the application pending before the Board and a maintenance of the status quo or previous decision being reviewed. Each appeal shall be acted upon by the Board within thirty (30) days of its lawful receipt.
(Ord. 17-1994. Passed 6-6-94.)
The Board shall keep minutes of its proceedings, and note the presence or absence of each member and record their votes on each matter submitted to it. The Board should note its reasons for its decisions, and submit them with its decision. Immediately following the Board's decision, such record including conditions prescribed by the Board shall be filed and posted for two weeks in the office of the Clerk of Council, and copies shall be mailed forthwith to each interested party. Any permit issued in pursuance of any decision of the Board shall have incorporated therein any special conditions prescribed by it.
(Ord. 17-1994. Passed 6-6-94.)
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