(a) Hearing. The board of adjustment shall hear and render a decision on the appeal within three regularly scheduled hearing dates of the initial hearing. Public notice of the hearing shall be as set forth in § 3.201(d), above, interpretation procedure. In deciding an appeal regarding an interpretation of the zoning ordinance, the board of adjustment shall:
(1) Review and evaluate the request in light of the text of this zoning ordinance, the official zoning maps, the comprehensive plan and any other relevant information;
(2) Hear testimony from the zoning administrative official regarding the interpretation;
(3) Hear testimony from the appellant and any other interested or aggrieved parties;
(4) Consult with city staff, as necessary; and
(5) Render a decision either affirming or reversing an order, requirement, decision, or determination of the zoning administrative official involving the interpretation of the zoning ordinance.
(b) Vote required. A concurring vote of 75% of all the members of the board of adjustment is required to reverse a decision or determination of the zoning administrative official.
(c) Similar appeals. After a final decision is reached by the board of adjustment, no further request on the same or related issues may be considered by the board for the subject property for two years from the date of the final decision.
(d) Appeal from decision of board. Any requestor or person aggrieved by the decision of the board of adjustment or any officer, department, board or bureau of the city affected by the decision of the board of adjustment may appeal by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten days from the day the board renders its decisions.
(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)