The Board shall act in strict accordance with the procedures specified by law and by this chapter. All applications and appeals made to the Board shall be in writing and shall be filed with the Secretary at least 14 days before the meeting at which they are to be heard. Each application or appeal shall refer to the specific provision of the Springfield Zoning Code involved, and shall set forth exactly the interpretation that is claimed, the use for which a conditional use is sought, a clear description of the land involved or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Every appeal from the Historic Landmarks Commission shall state with specificity the provision of Section 1321 the application is appealing. The applicant shall also state the alleged grounds for the appeal.
(Ord. 21-334. Passed 11-9-21.)
(a) Filing Application. An application to the Board, in cases in which it has original jurisdiction under the provisions of this chapter, may be taken by any property owner or tenant, or by a governmental officer, department, board or bureau affected. Such application, in a form approved by the Board, shall be filed with the Director of Community Development or his authorized representative who shall transmit the same, together with all the plans, specifications and other papers pertaining to the application, to the Board.
(b) Filing Appeals. An appeal to such Board from any ruling of the Director of Community Development or his authorized representative administering any portion of this Springfield Zoning Code may be taken by any property owner or tenant, or by any governmental officer, department, board or bureau affected. An appeal to such Board may be taken from any applicant(s) for Certificates of Appropriateness to determine the reasonableness of decisions made by the Historic Landmarks Commission. All appeals to the Board shall be taken within 20 days after the decision by filing with the Director of Community Development or his authorized representative a notice of appeal, in a form approved by the Board, specifying the grounds therefor. The Director of Community Development or his authorized representative shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken or, in lieu thereof, certified copies of such papers.
(Ord. 21-334. Passed 11-9-21.)
(c) Hearings, Dates and Notices. When an application or appeal has been filed in proper form and with the required data, the Secretary of the Board shall immediately place such application or appeal upon the calendar for hearing and cause notices stating the time, place and object of the hearing to be served personally or by mail at least 10 days, excluding Saturday, Sundays and holidays, prior to the day of such hearing, upon the applicant or the appellant, and to such persons as the Board may specify in its rules and regulations which notices, if by mail, shall be sent to the last known address of the respective property owners. The Board shall also publish notice of such hearing in a newspaper of general circulation in Clark County at least seven (7) days prior to the public hearing. Any party may appear at such hearings in person or by agent or attorney. Each application or appeal pertaining to one-, two-, and three-family structures only shall be accompanied by cash or check made payable to the City in the amount of $57.00, all other applications or appeals shall be accompanied by cash or check made payable to the City in the amount of $285.00. The Board shall not accept an application or appeal until such payment is received.
(Ord. 04-248. Passed 8-10-04.)
(d) Adjournment of Hearing. Upon the day for hearing any application or appeal, the Board may adjourn the hearing to permit additional information to be secured, or to cause such further notice as it deems proper to be served upon such other property owners as it decides may logically be concerned with such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.
(e) Decisions of the Board. The Board shall decide all applications and appeals within 60 days after completion of the hearing thereon, and such decision shall become effective upon certification of the resolution of the Board. A certified copy of the Board's decision shall be transmitted to the applicant or appellant. Such decision shall be binding upon the Director of Community Development or his authorized representative and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the Board. After the Board, by resolution, certifies its approval on any application or appeal, there shall be no further hearings upon such case. However, when the Board denies an application or appeal, a new application or appeal may be filed subject to the same procedure as an original application or appeal. If a new application or appeal is filed within one (1) year of the date of the Board's decision, the Secretary shall not schedule any hearing until the Board has received the application or appeal and decided that there is new matter, evidence or facts to be heard by the Board.
(f) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Director of Community Development or his authorized representative certifies to the Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the Board after notice to the Director of Community Development or his authorized representative, or by judicial proceedings.