[Amended 6-28-2016 by Ord. No. 2015-1]
[Amended 6-28-2016 by Ord. No. 2016-1]
A.
The Board of Zoning Appeals will conduct an evidentiary hearing on any application for a special use exception made pursuant to Article XVI of this chapter and on any application for a variance made pursuant to Article XVII of this chapter. An application for a special use exception or a variance shall be submitted to the Zoning Administrator and the Zoning Administrator shall docket the hearing once the application is complete and any required fee has been paid. The Zoning Administrator should submit a staff report to the Board of Zoning Appeals with the Zoning Administrator's recommendations relative to the requested special use exception and/or variance that discusses the application of the zoning regulations the Zoning Administrator deems pertinent to the application. The staff report should be submitted in advance of the hearing and a copy of any staff report shall be provided to the applicant.
B.
An. person specially aggrieved by a decision, order, requirement or determination of the zoning Administrator based or claimed to be based, in whole or in part, upon the application of a zoning regulation to a property may appeal such decision, order, requirement or determination to the Board of Zoning Appeals by filing a request for appeal pursuant to § 175-162B.
A.
Application for special use exception and/or variance. An application
for a special use exception and/or a variance shall, at a minimum,
contain the following information:
(1)
The identity by deed/plat reference and/or Tax Map reference
the property for which the application is being submitted;
(2)
The identity of the owner of the property, explain the nature
of the interest of the applicant in the property, e.g., owner, lessee,
prospective purchaser and verify that the owner consents to the application
being submitted;
(4)
A citation to each zoning regulation pursuant to which the special
use exception is sought and/or variance is requested;
(6)
A description or depiction of neighboring land uses;
(7)
Any conditions that the applicant is willing to have imposed
to make the requested special use exception and/or variance compatible
with neighboring land uses; and
(8)
A statement of the desired outcome.
B.
Request for appeal. The Board of Zoning Appeals shall not hear an
appeal unless and until a written application has been submitted and
any required fee has been paid.
(1)
A request for appeal must:
(a)
Include a copy of the decision, order, requirement or determination
that is being appealed;
(b)
State or identify the property at issue;
(c)
Explain how the applicant is specially aggrieved;
(d)
Explain why the decision, order, requirement or determination
of the Zoning Administrator is erroneous or otherwise incorrect or
unfounded; and
(e)
State the relief requested by the applicant.
(2)
The Zoning Administrator shall docket any such appeal for an
evidentiary hearing before the Board of Zoning Appeals once any required
fee has been paid. The Zoning Administrator may submit a staff report
explaining the Zoning Administrator's position relative to the decision,
order, requirement or determination at issue and a copy of any such
staff report shall be provided to the applicant.
(3)
The Zoning Administrator may amend or modify any decision, order,
requirement or determination previously made if an applicant submits
new or additional information in conjunction with an appeal of any
decision, order, requirement or determination of the Zoning Administrator.
Should such new or additional information be presented, for the first
time, during the hearing before the Board of Zoning Appeals, the Board
may, upon request of the Zoning Administrator, suspend the hearing
until its next regularly scheduled hearing night in order to afford
the Zoning Administrator time to consider such new or additional information
and to modify or amend such decision, order, requirement or determination.
(4)
An appeal of any decision, order, requirement or determination
of the Zoning Administrator shall be submitted within 90 days of the
action of the Zoning Administrator that is being appealed.
(5)
Evidentiary hearing. A duly advertised evidentiary hearing shall be held as prescribed by § 175-179 of this chapter. The Board may establish rules for the conduct of such hearing.
(6)
Stay of proceedings. The filing of an appeal stays all proceedings
in furtherance of the decision or action appealed from, unless the
Zoning Administrator certifies to the Board that a stay would, in
his opinion, cause imminent peril to life or property. In such case,
proceedings shall not be stayed unless a properly executed restraining
order is issued by the Board or by a court of law.
(7)
Appeal decisions.
(a)
Upon hearing an appeal, the Board of Zoning Appeals may reverse
or affirm, wholly or partly, or may modify the decision, order, requirement
or determination appealed from and, to that end, the Board shall have
all of the powers of the Zoning Administrator. The Board has no power
to take any enforcement action.
(b)
The Board of Zoning Appeals, in reversing or modifying any decision,
order, requirement or determination of the Zoning Administrator, may
not in essence nullify a zoning regulation or requirement. Zoning
regulations/requirements may be relaxed only through the variance
process.
