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(a) Appeals; Process: An appeal from any decision of the Director of Inspections or Director of Planning, in regard to zoning ordinances or related to the interpretation or application of the Building Codes may be made to the Board of Building and Zoning Appeals by any elected City official or by any person aggrieved or affected by such decision. The appellant shall, within thirty days after the decision appealed from is rendered by the Director of Planning or the Director of Inspections, file a notice of appeal application with the Clerk of Commissions. Such notice of appeal shall be accompanied by payment by the appellant to the Board of a fee as provided in Chapter 1115 for costs of such appeal. Such fee, upon payment thereof, shall be deposited with the Director of Finance by the collecting officer and shall be retained by the City without refund. Upon the filing of such notice of appeal, the appellant shall also file with the Board ten copies of a brief setting forth in detail the grounds of the appeal. After the filing of such appeal and brief and payment of the fee, public hearing of such appeal shall be had before the Board in the manner as provided in subsections (c) through (e) herein.
(Ord. 2020-149. Passed 2-18-21.)
(b) Application; Process: Application may be made by any person to the Board for permission, approval or authority required by this Zoning Code to be obtained from the Board. The applicant shall file with the Board ten copies of a written application, one copy of which the Clerk of Commissions shall forthwith deliver to the Directors of Inspection or Planning. Such application shall be accompanied by payment as set forth in Chapter 1115 for costs of such application, which fee, upon payment thereof, shall be deposited with the Director of Finance by the collecting officer and shall be retained by the City without refund. Such application shall describe the permission, approval or authority sought. Upon the filing of such application, the applicant shall file with the Board ten copies of a brief setting forth in detail the grounds of the application, one copy of which the Clerk of Commissions shall forthwith deliver to the Directors of Inspections and Planning. After the filing of such application and brief and payment of the fee, public hearing of such application shall be had at the time and in the manner as provided in subsections (c) through (e) herein.
(c) Not more than ten days nor less than five days prior to the public hearing, written notice of the hearing of such appeal or application shall be caused by the Board to be sent by regular mail to any person, firm or corporation owning premises located within 300 feet of the land to which such appeal or application relates.
(d) Notice of a hearing shall be published twice monthly in a newspaper of general circulation no less than four days before the hearing.
(e) Appeal/Application Deadline: In order for an appeal or application as set forth in subsections (a) and (b) above to be heard at the regularly scheduled meeting on the last Tuesday of the month, the application or notice of appeal must be submitted by the first Thursday of that month. Should the application or appeal be submitted after the first Thursday of the month, the matter shall be heard at the next month’s regularly scheduled meeting.
(f) Notification of Board’s Decision: The Board shall notify the Building Department within forty-eight hours of the granting of any appeal or application with any special conditions thereon. All applicants shall receive written notice via regular United States mail within ninety days of the date of the Board’s decision.
(Ord. 1997-43. Passed 6-19-97.)