(A) Appeals to the Board of Appeals of any matter over which the Board is specifically granted jurisdiction may be taken by any person aggrieved, or by an officer, department or board, of the city affected by any decision of the Building Inspector. The appeal shall be taken within 30 days of such decision by filing with the Building Inspector and with the Board a notice of appeal specifying the grounds thereof, the form of the notice to be prescribed by general rules of the Board. The Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
(B) An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings should not be stayed otherwise than by proper legal action.
(C) (1) Any person desiring a variation or exception shall file a petition requesting the action with the Board of Appeals by depositing the same with the Building Inspector along with the accompanying maps, plats, data, statements and supplemental information as shall be necessary or desirable. The Building Inspector shall forthwith transmit to the Board the petition and accompanying material for a hearing and a report as herein set out.
(2) In addition, the applicant for a variation or exception (other than an applicant for a special use exception under §§ 155.110 through 155.113 of this chapter) shall give due notice of the request for variation or exception either in person or by registered mail, return receipt requested, not more than 30 days prior to the hearing to the parties concerned and to the property owners, as recorded in the office of the county’s Recorder of Deeds, and as appears from the authentic tax records of the county of all property within 250 feet in each direction of the location for which the variation or exception is requested; the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in determining the 250 feet requirement. The notice shall state the name and address of the applicant, the name and address of the owner of the property, the location of the property, a statement of intent to file an application, approximate date it will be filed and a brief statement of the nature of the request for variation or exception. The applicant shall furnish the Board a complete list containing the names and last known addresses of the owners of property required to be served at the time the application is filed and a certificate that they were so served.
(D) Upon an appeal, request for a variation or exception, the Board shall fix a reasonable time for a hearing, but not later than 60 days from the filing of the notice of appeal, request for variation or exception, the Board shall give not more than 30 days’, nor less than 15 days’, public notice of the hearing thereon in a newspaper of general circulation in the city. The notice shall contain the particular location of the property affected by the decision appealed from or the variation or exception requested, as well as a brief statement of the nature of the appeal or of what the proposed variation or exception consists.
(E) The party filing a notice of appeal, request for variation or exception with the Board shall pay at the time of filing a refundable deposit of $1,250 toward the costs of the proceedings. The refundable deposit shall be paid to the City Clerk, who shall give a receipt therefor; a copy of the receipt shall be presented to the Board at the convened hearing, as evidence that the deposit has been paid. Said refundable deposit shall be applied to the costs of the proceedings, including but not limited to, certified mailing, publication of notice, court reporter fees and other professional fees incurred by the city. Should the total costs of said proceedings be less than the deposit, a refund of any overpayment shall be made to the filing party; however, should the costs of said proceedings exceed the deposit paid, the filing party shall pay any and all additional costs to the city upon demand. The city reserves the right to delay any formal action regarding said proceedings until all costs have been paid in full.
(F) The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make the order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. In considering all appeals or applications for variations or exceptions the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change, including a variation in use, in the Zoning District Map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets, or increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the city. Every appeal, variation or exception granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the appeal, variation or exception. The decision of the Board shall be made a part of any building permit in which an appeal, variation or exception is allowed.
(G) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variations or exceptions in this chapter.
(1994 Code, § 155.169) (Ord. 200, passed 4-28-1969; Ord. 276, passed 2-2-1978; Ord. 2007-02, passed 1-22-2007; Ord. 13-03, passed 2-25-2013; Ord. 16-04, passed 4-25-2016)