A. Any person seeking a variance has the option of having the variance reviewed by the Commissioner of Building Inspection in lieu of a formal Board of Zoning Appeals' hearing. This administrative review must be conducted in accordance with rules and procedures adopted by the Board of Zoning Appeals.
B. The rules and procedures adopted by the Board of Zoning Appeals for the administrative review procedure must include provisions for appropriate public notification and input, including the following:
1. Mailed notice must be provided in accordance with Section 1111.0300.
2. A formal Board of Zoning Appeals hearing must be held in all cases where an affected property owner files an objection to the Commissioner of Building Inspection's decision.
3. The Board of Zoning Appeals must be notified monthly of cases decided administratively.
C. Any person who elects to have their case reviewed by this administrative review procedure may, after receipt of the decision of the Commissioner of Building Inspection, appeal the decision to the Board of Zoning Appeals for a formal hearing. This hearing must be conducted at the next regularly scheduled meeting of the Board of Zoning Appeals, unless the next meeting occurs 7 days or less after receipt of the appeal of the Commissioner's decision, in which case the appeal will be heard at the second next scheduled meeting of the Board of Zoning Appeals.
D. The Commissioner of Building Inspection, in exercising the rules and procedures of this administrative review procedure, has the same power as the Board of Zoning Appeals to grant variances.
E. This administrative review procedure does not apply to appeals of orders issued by the Commissioner of Building Inspection concerning violations or enforcement of this Zoning Code. Those appeals are subject to a full Board of Zoning Appeals hearing.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)