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It shall be the duty of the County Manager to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Inspector upon a form published for that purpose. Applications required by this subchapter to be submitted to the County Manager shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the County Manager.
(Ord. eff. 6-9-2003)
(A) There is hereby created a Board of Adjustment to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made by the County Manager in the enforcement of this subchapter;
(2) To hear and decide special exceptions to the terms of this subchapter upon which the Board of Adjustment under these regulations may be required to pass; and
(3) To hear and decide specific variances.
(B) The Board of Adjustment shall consist of five members appointed by the Board of Commissioners and each shall serve for a term of three years and until a successor is duly appointed and qualified.
(C) The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this subchapter. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at other times as the Board of the Adjustment may determine. The Chairperson or, in the absence of the Chairperson, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Board of Appeals shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the County Clerk and on due cause shown.
(D) The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from the facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.
(E) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the County Manager or decide in favor of the applicant on any matter upon which it is required to pass under this subchapter, or to effect variation to this subchapter.
(Ord. eff. 6-9-2003)
(A) Any person aggrieved or any taxpayer affected by any decision of the County Manager, made in the administration of this chapter, may appeal to the Board of Adjustment.
(B) All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the County Manager a notice of appeal specifying the grounds thereof. The County Manager shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from unless the County Manager certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would in the opinion of the County Manager cause imminent peril to life or property. In that case, proceedings shall not be stayed except by the order of the Board of Adjustment or notice to the County Manager and on due cause shown.
(D) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(E) The Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make any order, requirement, decision or determination as may be appropriate under the circumstances.
(Ord. eff. 6-9-2003)
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