(A)

Notice of Hearings. Public notice of hearings before the board of adjustment shall be given for each separate appeal, request for a variance, request for a special exception or an application to rezone an area by mailing notice of such hearing to the petitioner or applicant, and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation, or exception or request to rezone is desired, or which a notice of appeal has been filed, and to all other persons deemed by the board of adjustment to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the city.

(B)

Powers Strictly Construed. Nothing herein contained shall be construed to empower the board of adjustment to change the terms of the Zoning Ordinance, to effect changes in the official map or to add to the specific uses permitted in any district.

(C)

Findings of Fact. Every decision of the board of adjustment shall be based upon findings of fact and every finding of fact shall be supported in the record of its proceedings. The enumerated conditions required to exist on any matter upon which the board is required to pass under this article or to affect any variance in this chapter shall be construed as limitations on the power of the board to act. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific facts shall not be deemed findings of fact and shall not be deemed in compliance with this article. The presiding officer may administer oaths, compel the attendance of witnessed and allow for the questioning of witnesses.

(D)

Recommendation From Other Public Agencies. The board of adjustment may receive and consider recommendations from public and semipublic agencies before rendering a decision in any case before the board. To this end, the board, may in addition to the other requirements of this chapter, notify all agencies deemed to have an interest in the case.

(E)

Postponement of a Case.

(1)

Prior to the city publishing the board of adjustment case in the newspaper, when required, an applicant may request in writing for the city to postpone the case. In such cases, the applicant shall have fourteen (14) days from the date of the written request for postponement to reactivate the case. After expiration of the fourteen (14) day period the fees paid shall be non-refundable and the applicant will have to submit a new application with new fees for further consideration of the request.

(2)

If a written request for postponement is submitted by the applicant after the city has published the case in the newspaper, the fees paid shall be non-refundable and the hearing will not be rescheduled until an additional postponement fee of One Hundred Dollars ($100.00) has been paid by the applicant. In such cases, the applicant shall have fourteen (14) days from the date of the written request for postponement to reactivate the case. After expiration of the fourteen (14) day period, the applicant will have to submit a new application with new filing fees for further consideration of the request.

(3)

If a written request for postponement is submitted by the applicant after the agenda has been posted (seventy-two (72) hours prior to the public hearing), the postponement will be considered by the board of adjustment. If approved by the board, the fees paid shall be non-refundable and the hearing will not be rescheduled until a postponement fee of One Hundred Dollars ($100.00) has been paid by the applicant. In such cases, the applicant shall have fourteen (14) days from the date of the board's decision to grant the postponement, to reactivate the case. After expiration of the fourteen (14) day period the applicant will have to submit a new application with new filing fees for further consideration of the request.

(Ord. No. 24-05, 10-2-2024)