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<br />XVIII <br /> <br />HEARING AND DECISIONS OF THE BOARD <br /> <br />A. Upon filing an appeal with the Board from a decision of the Building Official, <br />or on an application for a Conditional Use Permit or on an application for a <br />variance, the Board shall, as prescribed in the Martinsvi1le Erosion and <br />Sediment Control Ordinance, fix a time for a public hearing and give due notice <br />thereof, as prescribed in the said Ordinance, to the parties of interest and <br />to the public. <br /> <br />B. The Board shall arrive at a decision on such appeal, Conditional Use, or <br />Variance. <br /> <br />1. In passing upon an appeal, the Board may, so long as such action is in <br />conformity with the provisions in this ordinance, reverse or affirm, <br />wholly or in part, or modify the order, requirement, decision, or <br />determination appealed from and it shall make its decision in writing, <br />setting forth the findings of fact and the reasons for its decision. <br /> <br />2. In granting a Conditional Use Permit or Variance, the Board shall prescribe <br />appropriate conditions and safeguards necessary to eliminate or control <br />specific flooding threats and to protect the public safety, health and <br />general welfare. A copy of all decisions granting Conditional Use or <br />Variances shall be forwarded to the Building Official, City Engineer, <br />Public Works Director and Planning Director within ten (10) days. <br /> <br />XIX APPEALS <br /> <br />I.. <br /> <br />A. Appeals to the Board may be taken by any person or persons, corporations, <br />or by any officer, department, Board or agency of the City of Martinsvi11e <br />affected by any decision of the Building Official. Appeals shall follow <br />the proper procedure for filing an appeal,as set forth in Section 5 of the <br />City of Martinsvil1e Erosion and Sediment Control Ordinance. <br /> <br />B. Any person or persons, jointly or severally, or corporation, or any officer, <br />department, or agency of the City, aggrieved by any decision of the Board <br />may, within thirty (30) days after the filing of any decision of the Board, <br />but not thereafter, present to a court of record a petition duly verified, <br />setting forth a claim that such decision is illegal, in whole or in part. <br />Such petition shall specify the grounds of alleged illegality, whereupon <br />such decision of said board shall be subject to review as provided by law. <br /> <br />xx CONDITIONAL USE PERMITS AND VARIANCES <br /> <br />A. Application - All uses requiring a Conditional Use Permit or Variance may <br />be allowed upon application to the Building Official on forms furnished by <br />him and upon the granting of a Conditional Use or Variance by the Board. <br />All applications shall be presented to the Building Official who, in turn, <br />shall submit them to the Board. <br /> <br />B. In passing upon Conditional Use and Variance applications, the Board shall <br />consider all pertinent factors found in other sections of this ordinance, and, <br /> <br />1. The danger to life and property due to flood heights or velocities <br />which may be caused by encroachments; <br /> <br />-9- <br />