§ 190-188. Submission of applications, appeals for variance or requests for special exceptions., Article XXII. Zoning Board of Appeals, Chapter 190. Zoning, Part II. General Legislation, Code of Ordinances, Lockport, City

No application, appeal for a variance or request for a special exception shall be submitted directly to the Board of Appeals, but it shall be submitted first to the Building Inspector. The application, appeal for variance or request for a special exception shall be accompanied by a fee of $150

An application, appeal or request to the Zoning Board of Appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the City. Such application, appeal or request must be in writing and in the form prescribed by the Board of Appeals, filed with the Building Inspector in duplicate within 30 days after denial of the building permit or certificate of occupancy.

The Building Inspector shall, within 30 days, transmit to the Board all the papers constituting the record upon which the action appealed from was taken, or in the case of a request for special exception or other application, all records and information available and required for full consideration by the Board.

In considering all appeals for a variance or request for special exception, the Board of Appeals shall call a public hearing upon the appeal or request and give due notice thereof in writing to the applicant and to the Building Inspector. The Board of Appeals shall cause one public notice, setting forth the time, place and purpose of the hearing, the name of the applicant, nature of the application and description of the property involved, to be published once in the official newspaper of the City at least five days before the hearing, name of the applicant, nature of application, and description of the property involved, to be sent by ordinary mail by depositing same in a plain sealed envelope addressed to the last known address of all owners of affected property located within an area bounded by lines drawn parallel to and a distance of 200 feet from the property lines of the applicant, at least eight days before the hearing. The most recent assessment roll of the City of Lockport shall be used to determine the identity of the owners of such property. The affidavit of the publication of the required notice in the official newspaper and an affidavit of mailing of the notice to the affected property owners shall be deemed legal notification to all parties. The affidavit of publication and the affidavit of mailing shall be filed with the records of each public hearing held by the Board of Appeals.

Whenever it is provided in this chapter that the approval of the Board of Appeals is required for the use of land, structures or buildings before the permit may be issued, the Board of Appeals shall, after due notice and public hearing as detailed in Subsection D above, determine any variance in the application of this chapter in harmony with its general purpose and intent.

Within 45 days after the public hearing prescribed in the foregoing section, the Board of Appeals shall render its decision in writing to the applicant. Depositing notice of such decision in an official postal office depository, in a sealed wrapper, bearing the proper postage and addressed to the applicant at his address as specified in the application, shall be sufficient notification.