(A) The Board shall hear and decide appeals where it is alleged there is error in any of the requirements, decision or determination made by the staff.
(B) An appeal concerning interpretation or administration of this chapter may be taken by any person aggrieved by any decision of the staff.
(C) An appeal shall specify the ground thereof and shall be filed within 30 calendar days of the decision alleged to be in error. The staff shall forthwith transmit to the Board all documents, plans and papers constituting the record of the action from which the appeal is taken.
(D) In exercising the powers it has, the Board may, so long as such action is in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make the order, requirements, decision or determination as in its opinion ought to be made, and to that end shall have the powers of the administrative official or body from whom the appeal is taken.
(E) The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the administrative official or body, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter.
(F) Whenever the decision of the Board is conditioned upon the petitioner’s compliance with a requirement imposed by the Board concerning construction or site development and the condition is recited in the notice to the petitioner of the Board’s decision, petitioner shall be required to notify the staff in writing of the timely fulfillment of the requirement. If the time for fulfillment of the condition is stated in the Board’s decision, the written notification must be
received within 90 calendar days after the commencement of the use or completion of construction authorized by the Board’s decision, whichever is earlier. Failure to comply with any conditions imposed by the Board shall constitute a violation enforceable by governmental authority pursuant to the provisions of §§ 152.007 and 152.999.
(G) If deemed advisable, the Board may require or permit the petitioner to make written commitments concerning the use or development of the subject property. The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The commitments shall authorize their recording by the staff in the office of the Recorder of the county, upon the grant of the variance or conditional use permit petition by the Board. After the recording of the commitments, the staff shall return the original recorded commitments to petitioner and shall retain a copy of the recorded commitments in its file. The Board may require in such commitment the designation of any specially affected persons or categories of specially affected persons, who (in addition to persons entitled to receive notice of the hearing under § 152.240) shall be entitled to enforcement thereof. The commitments may be modified or terminated by a decision of the Board made at public hearing after proper notice has been given. Any modification or termination of the commitments approved by the Board shall not be in full force and effect until reduced to writing by the present owner(s) of the real estate, endorsed by the Board, and recorded in the office of the Recorder of the county.
(H) Any person aggrieved by any decision of the Board may seek court review by certiorari procedure. A petition for certiorari shall specify the grounds upon which the petition alleges the illegality of the Board’s action and must be filed in a court of competent jurisdiction in the county within 30 calendar days after the date of the decision.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)