Hearing and Decision.
(a) Generally.
The board of adjustment shall fix a reasonable time for the hearing on the appeal or application, give public notice thereof as well as notice to the parties in interest, and decide the same within a reasonable time.
(b) Notice of hearing.
(1) The city shall send written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations applying to an individual property to all owners of property, or to the person rendering the same for city taxes, affected by such application, located within 200 feet of any property affected thereby, not less than 10 days before such hearing is held. The notice shall be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(2) In addition, a list of items on the agenda to be heard by the board shall be posted at a public place in City Hall at least 72 hours before the hearing.
The Hearing.
At the hearing, any party may appear in person or by agent or attorney. Evidence supporting the grant or denial of an appeal shall be submitted only through the administrative official or to the board in public meeting. An appeal or application may be withdrawn upon written notice of the administrative official, but no appeal shall be withdrawn after posting of hearing notice and prior to board action thereon without formal consent of the board.
Decision.
(a) Generally.
Every decision of the board of adjustment shall be based upon the findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the board is authorized to pass under this article shall be construed as limitations on the power of the board to act.
(b) Conditions on approval of request.
In approving any request, the board of adjustment may impose such conditions in connection therewith to secure substantially the objectives of the regulations or provisions to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted. In exercising its powers, the board may modify in whole or in part any order, requirements, decision or determination as ought to be made, and to that end, shall have the powers of the administrative official from whom the appeal is taken. When necessary, the board of adjustment may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with.
(c) Expiration of relief.
Unless a building permit or certificate of occupancy is obtained, an appeal shall expire 60 days after the board’s decision unless a greater time is requested in the application and is authorized by the board. Any approval may be granted one emergency extension of 60 days on written request filed with the board before expiration of the original approval.
Denial or Withdrawal of Request.
(a) No appeal or application that has been denied shall be further considered by the board under a subsequent request obtained by filing new plans and obtaining of a new decision from the administrative official unless:
(1) The new plans matterially change the nature of the request; or
(2) The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the board, so as to support an allegation of changed conditions.
(b) An application withdrawn at or before the board meeting may be resubmitted at any time for hearing before the board.
Appeals of Zoning Board of Adjustment Action.
Any person or persons, or any board, taxpayer, department, commission or agency of the city aggrieved by any decision of the board of adjustment may seek review by a court of record a petition duly certified, setting forth that such decision is illegal in whole or in part, specifying the grounds of such illegality. The petition shall be presented to the court within ten days after the filing of the decision complained of in the office of the board of adjustment.
