Article W, Sec. 10-3-132 through 10-3-139

Other

• Appeal deadline for certain violations10 days

  within ten (10) days for a notice of violation involving temporary or seasonal commercial uses, maximum occupancy limitation of a residential dwelling unit, keeping of inoperable vehicles and junk, or similar short term, recurring violations

• Appeal deadline for other decisions30 days

  within thirty (30) days after the entry of any other decision appealed from

• Appeal filing fee300 dollars

  three hundred dollars ($300.00) per request

• Number of board members5 members

  There shall be a board of zoning appeals ... which shall consist of five (5) members

• Quorum3 members

  A quorum shall consist of three (3) board members

• Decision deadline90 days

  make its decision within ninety days of the filing of the application or appeal

• Ex parte communications prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  The applicant, landowner or their agent or attorney and the non-legal staff of the governing body may not discuss the facts or law relative to a particular case with a member of the board prior to the hearing.

• Materials availability3 days

  Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the board, shall be made available without cost to the applicant, appellant or other person aggrieved within three (3) days of being available to the board member.

• Advance posting of property14 days

  At least fourteen (14) days prior to the board of zoning appeal's public hearing on the pending application

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. criteria

  No variance shall be granted unless the board finds that: a. The strict application of this chapter would unreasonably restrict the utilization of the property. b. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity. c. The authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. d. The property for which the variance is being requested was acquired in good faith. e. Any hardship was not created by the applicant for the variance. f. The relief or remedy sought by the variance application is not available through any other process available in this chapter such as modifications to this chapter or through approval of a special use permit.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. filing fee300 dollars

  three hundred dollars ($300.00) per request