Skip to code content (skip section selection)
Compare to:
   3.25.3   Action by the Zoning Board of Adjustment
      (A)   Upon receiving the application materials from the Planning Department, the Zoning Board of Adjustment shall hold a quasi-judicial evidentiary hearing on the proposed reasonable accommodation and shall decide the request upon a majority vote of the members within a reasonable time. Notice of the hearing shall be provided and the hearing shall be conducted in accordance with Sections 3.1.6 and 3.1.7.
      (B)   In considering the application, the Zoning Board of Adjustment shall review the application materials, the approval criteria of Section 3.25.4, and all testimony and evidence received at the hearing.
      (C)   After conducting the hearing, the Zoning Board of Adjustment may: deny the application; conduct an additional hearing on the application; or grant the requested reasonable accommodation.
      (D)   The Zoning Board of Adjustment's decision shall be based upon competent, material, and substantial evidence in the record. The decision shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be approved by the Board and signed by the Chair of the Board or his designee. The decision is effective upon filing the written decision with the Planning Department.
      (E)   The decision shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.