Appeals to the Board of Zoning Appeals may be taken by any person, firm, or corporation, or by any officer, board, or department of the City, deeming himself or itself to be adversely affected by any decision or action of the Chief Building and Zoning Inspector or by any administrative officer deciding matters relating to this Planning and Zoning Code.
(a) Initiation of Appeal. Notice of appeal shall be filed with the secretary of the Board of Zoning Appeals within thirty calendar days after the date of any adverse order, requirement, decision, or determination and shall be accompanied by payment of the required fee established by Council. Such written notice of appeal shall specify therein the grounds and reasons for the appeal. Upon the filing of any such appeal, the secretary shall forthwith notify the Chief Building and Zoning Inspector of the action so appealed. Within twenty-four hours, the Chief Building and Zoning Inspector shall transmit to the secretary all data pertaining to the subject matter upon which the action so appealed was taken.
(Ord. 1998-17. Passed 2-3-98.)
(b) Public Hearing by the Board. When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Secretary shall immediately place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally, by mail or by email, addressed to the parties making the request for appeal, variances, or exception at least ten days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than ten days prior to the date set for such hearing or appeal, written notice of such hearing shall be caused by the Board to be given by first class mail or email to any person, firm, or corporation owning premises located within 300 feet of the property line of the property to which such appeal or application relates, except that in the R-50 District, the distance from the subject property shall be only 200 feet. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given in one or more newspapers of general circulation in the City at least ten days before the date of said public hearing. The Board may recess such hearings from time to time, and., if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney. The appellant, except the Municipality, shall post security for the cost of all action required for the hearing of the appeal.
(c) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building and Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.
(d) Decision of the Board. Within its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, or modify to be done, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a certificate. The Board shall render a decision on the appeal without unreasonable delay. If the Board fails to act within forty-five days from the date the appeal was received by the Board, or an extended period of time as may be agreed upon, the appellant may assume the appeal has been denied.
(e) Notification of Board's Decision. The secretary of the Board shall notify the appellant in writing of the decision of the Board, The Board shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep records of its official actions. (Ord. 2020-21. Passed 2-18-20.)