(A) The Board of Zoning Appeals shall act in accordance with the procedure specified by law and by this code. Four members shall constitute a quorum and, except as otherwise provided by this Code, an affirmative vote of at least four members shall be necessary to authorize any action of the Board. All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of this code involved, and shall exactly set forth the interpretation that is claimed, the use for which the variance or special permit is sought, 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.
(B) The Zoning Board of Appeals shall submit the entire record and a written decision explaining the action taken on a special use permit petition before the next regularly scheduled City Council meeting. At that meeting, the City Council will either affirm or reverse the decision of the Zoning Board of Appeals. The decision of the City Council shall be based only upon the record from the Zoning Board of Appeals hearing.
(C) Notice and hearing. No action of the Board of Zoning Appeals shall be taken on any case or any advisory report made on any case unless a hearing has been held with respect thereto after public notice thereof given in the following manner:
(1) A notice of the time, date and place of said hearing and a brief statement of the proposed amendment, variance or special use permit shall be published in a newspaper of general circulation within the city, at least 15 days before the hearing. The notice shall contain the particular location of the real estate, if any, which is the subject of the hearing, by permanent parcel number and street address, and if no street address, then by locating such real estate with reference to any well-known landmark, highway, road, thoroughfare or intersection; whether or not the petitioner or applicant is acting for himself or in the capacity of agent or representative of a principal, and stating the name and address of the actual and true principal; whether petitioner or applicant is a corporation and, if a corporation, the current names and addresses of all officers and directors, and of all stockholders or shareholders owning any interest in excess of 20% of all outstanding stock of such corporation; whether the petitioner or applicant, or his or her principal if other than applicant, is a business if other than applicant, is a business or entity doing business under any assumed name, and, if so, the name and residence of all true and actual owners of such business or entity; whether the petitioner or applicant is a partnership, joint venture, syndicate or an unincorporated voluntary association and, if so, the names and addresses of all partners, joint venturers, syndicate members or members of the unincorporated voluntary association.
(2) In addition to the publication of said notice required hereinabove, the Zoning Administrator, at the applicant's expense, shall, at least 15 days before the hearing is scheduled, serve a copy of such notice, by certified mail, return receipt requested, on the owners, as recorded in the office of the Monroe County Recorder of Deeds, and as appears from the authentic tax records of Monroe County, of all property abutting the property affected by the amendment, variance or special use permit; provided the area occupied by all public roads, streets, alleys and other public ways shall be excluded in determining the location of abutting property. The Zoning Administrator shall furnish the Board of Appeals proof of service of the notice required in this section before a hearing on any application for an amendment, variance or special use permit is conducted. If, after a bona fide effort to determine the address of the abutting property owner, the owner of the property on which the notice is served cannot be found at his or her last known address, or the mailed notice is returned because the owner cannot be found at the last known address, or if the owner fails to pick-up the mailed notice from the Post Office, the notice requirements of this division (2) shall be deemed satisfied.
(Ord. 1070, § 40-7-5, passed 7-20-1998; Am. Ord. 1483, passed 7-7-2008; Am. Ord. 1774, passed 3-4-2019; Am. Ord. 1830, passed 8-16-2021)