Form of application.
(1) The Board of Appeals shall act in strict accordance with the procedures specified by law and by this chapter and shall determine its own rules of conduct. All appeals and applications made to this Board shall be taken in writing on forms prescribed by the Board.
(2) The Chairman of the Zoning Board of Appeals shall be empowered to administer oaths during any proceeding before the Board.
Contents of application for variance, appeal or special permit.
(1) Any person allegedly aggrieved by the strict application of any of the requirements of this chapter or desiring to deviate therefrom may apply to the Board of Appeals for a variance from any such requirements. Such application shall state the specific provisions of this chapter from which variance is sought and shall state precisely the interpretation which is sought and the details of the variance which is sought, together with the special circumstances which allegedly justify such variance.
(2) Appeals or applications shall be taken within such time as shall be prescribed by the Board of Appeals by general rule by the filing with the Permit Administrator from whom the appeal is taken, and with the Board of Appeals, of a notice of appeal, specifying the grounds thereon.
(3) The Permit Administrator shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken.
Public hearing.
(1) The Board of Appeals shall, after due notice, hold a public hearing on every appeal or application for a variance or for a special permit referred or taken to said Board or upon which it is required to pass, in accordance with this chapter and the law. The Board of Appeals shall have published a notice of each such public hearing in a newspaper of general circulation in the City at least 10 days prior to such hearing.
(2) All property owners within a 100-foot radius of the property which is subject to appeal or application shall be notified of the public hearing, in writing, by first class mail, by the Recording Secretary for the Zoning Board of Appeals.
Findings and conclusions. After such public hearing and after considering the application, the Board of Appeals shall either grant or deny the variance or special permit and shall make written findings of fact and conclusions concerning the subject matter of such hearing, including the reasons for granting or denial of the relief sought. As to any proposed use, such findings of fact and conclusions shall be made concerning such use as described and represented by the applicant.
Reporting and filing of decisions, permits and variances.
(1) Every official and final decision of the Board of Appeals shall be by written resolution, each of which shall contain a full record of its findings in the particular case, and each of which shall be filed in the City Clerk's office, together with all pertinent documents. The Board of Appeals shall notify the Common Council and Planning Board, in writing, of each special permit and variance issued or granted under provisions of this chapter.
(2) The Board of Appeals may employ such clerical or other assistants as may be necessary, provided that it shall not at any time incur expenses beyond the amount of appropriation made and then available for that purpose.
