Any applicant seeking a variance to the regulations or criteria under this chapter or any appeal of an administrative order made under this chapter may request the variance or make an appeal to the Board of Zoning Appeals. The following procedures shall apply:
(a) Before filing the request or appeal, when an applicant or his or her designated representative disputes the boundary of a riparian or wetland setback or the ordinary high water mark of a watercourse, the applicant or his or her designated representative shall submit documentation to the Director of Building and Housing which describes the boundary, the applicant's proposed boundary, and justification for the proposed boundary change.
(b) The Department of Building and Housing shall evaluate this documentation and shall make a determination within sixty (60) days. If during this evaluation the Department of Building and Housing requires further information, it may be required of the applicant. In the event that the Department of Building and Housing requests such additional information, the sixty (60) day period for determination shall be postponed until the applicant provides the information.
(c) If the applicant does not receive the determination regarding the boundary dispute within sixty (60) days, the applicant's submission shall be considered denied and the denial may be appealed to the Board of Zoning Appeals within thirty (30) days. In the event the applicant receives an adverse determination, that determination may be appealed to the Board of Zoning Appeals within thirty (30) days.
(Ord. No. 1555-13. Passed 10-17-16, eff. 10-19-16)