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SEC. 51A-4.703.   BOARD OF ADJUSTMENT HEARING PROCEDURES.
   (a)   Initiation.
      (1)   The board may authorize a public hearing on issues within the board’s jurisdiction. A board authorized public hearing must comply with the procedures in this section. If 10 or fewer property owners are involved, the director shall send written notice to the owners of real property within the subject area not less than 10 days before the meeting at which the board will consider authorization of a public hearing. This notice must be written in English and Spanish if the area of request is located wholly or partly within a census tract in which 50 percent or more of the inhabitants are persons of Spanish origin or descent according to the most recent federal decennial census. If more than 10 property owners are involved, the director shall give notice of the public hearing in the official newspaper of the city at least 10 days before the meeting at which the board will consider authorization of a public hearing.
      (2)   Any aggrieved person, or an officer, department, or board of the city may appeal a decision of an administrative official to the board when that decision concerns issues within the jurisdiction of the board. For purposes of this section, “administrative official” means that person within a city department having the final decision-making authority within the department relative to the zoning enforcement issue.
         (A)   An appeal to the board must be made within 15 days after notice of the decision of the official.
         (B)   The appellant shall file with the official a written notice of appeal on a form approved by the board.
         (C)   The official shall forward the notice of appeal and the record upon which the appeal is based to the director.
   (b)   Appeal stays all proceedings.
      (1)   An appeal to the board stays all enforcement proceedings involving the action appealed from unless the official appealed from certifies in writing to the board facts supporting the official’s opinion that a stay would cause imminent peril to life or property.
      (2)   If the official makes such a finding, enforcement proceedings will be stayed only if, after notice to the official, the board or a court of record, upon a finding of due cause, issues a restraining order.
   (c)   Notice of hearing.
      (1)   The board shall hold a public hearing on all applications.
      (2)   The director shall send written notice of a public hearing to the applicant and all owners of real property located within 200 feet, including streets and alleys, from the boundary of the area upon which the request is made. The notice must be given not less than 10 days before the day set for the hearing by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved city tax roll. This notice must be written in English and Spanish if the area of request is located wholly or partly within a census tract in which 50 percent or more of the inhabitants are persons of Spanish origin or descent according to the most recent federal decennial census.
      (3)   The director shall give notice of the time and place of the public hearing in the official newspaper of the city at least 10 days before the hearing.
   (d)   Board action.
      (1)   The applicant has the burden of proof to establish the necessary facts to warrant favorable action of the board.
      (2)   Cases must be heard by a minimum of 75 percent of the members of a board panel. The concurring vote of 75 percent of the members of a panel is necessary to:
         (A)   reverse an order, requirement, decision, or determination of an administrative official involving the interpretation or enforcement of the zoning ordinance;
         (B)   decide in favor of an applicant on a matter on which the board is required to pass under state law, the city charter, or city ordinances; or
         (C)   grant a variance.
      (3)   The board shall have all the powers of the administrative official on the action appealed from. The board may in whole or in part affirm, reverse, or amend the decision of the official.
      (4)    The board may impose reasonable conditions in its order to be complied with by the applicant in order to further the purpose and intent of this chapter.
      (5)   The decision of the board does not set a precedent. The decision of the board must be made on the particular facts of each case.
      (6)   The applicant shall file an application for a building permit or certificate of occupancy within 180 days from the date of the favorable action of the board, unless the applicant files for and is granted an extended time period prior to the expiration of the 180 days. The filing of a request for an extended time period does not toll the 180 day time period. If the applicant fails to file an application within the time period, the request is automatically denied without prejudice, and the applicant must begin the process to have his request heard again.
   (e)   Two year limitation.
      (1)   Except as provided below, after a final decision is reached by the board, no further request on the same or related issues may be considered for that property for two years from the date of the final decision.
      (2)   If the board renders a final decision of denial without prejudice, the two year limitation is waived.
      (3)   The applicant may apply for a waiver of the two year limitation in the following manner:
         (A)   The applicant shall submit his request in writing to the director. The director shall inform the applicant of the date on which the board will consider the request and shall advise the applicant of his right to appear before the board.
         (B)   The board may waive the two year time limitation if there are changed circumstances regarding the property sufficient to warrant a new hearing. A simple majority vote by the board is required to grant the waiver. If a rehearing is granted, the applicant shall follow the process outlined in this section. (Ord. Nos. 19455; 20926; 22254; 22389; 22605; 25047; 27892; 28073)