(a) The Board of Zoning Appeals shall be the Appeals Board for this chapter.
(b) Lancaster Codified Ordinance 1157 shall govern as applicable. Where a conflict between Lancaster Codified Ordinance 1157 and this chapter arises as to the Board of Zoning Appeal’s role, this chapter shall control. The appellant shall pay the appeal application fee, the fee to the Board Members, and the impact fee at the time of filing said appeal. For a period of 90 days after the effective date of this chapter, an appellant’s application fee shall be waived and the impact fee shall not be paid pending the appeal process. The appellant shall pay the fee for the Board of Zoning Appeal Board Members pursuant to Chapter 1157 of the Codified Ordinances of the City of Lancaster.
(c) The Board shall have jurisdiction to hear and decide all appeals made by any feepayer who has filed a timely appeal and who disagrees with the amount of impact fee required to be paid by that feepayer for the proposed development, or any feepayer who disagrees with any determination of the Service-Safety Director and which pertains to the requirement of an impact fee payment. Unless an extension of time is approved by all parties, all appeals shall be heard by the Board within forty-five (45) days after the filing date of all timely filed appeals. The Board shall render its decision in writing on each appeal within thirty (30) days after it concludes the hearing on that particular appeal.
(d) All appeals shall be made in writing, shall be on forms supplied by the City of Lancaster, shall be filed with the Service-Safety Director, and must be filed no later than fifteen (15) days after the date the Service-Safety Director determines the amount of fee to makes his/her determination, whichever is the subject of the appeal. All written appeals shall set forth, in detail, the reasoning and basis of the appeal and shall be signed and notarized. All feepayers filing an appeal shall pay at the time of filing such appeal the then current impact fee appeal fee, as such fee may be administratively established by the Service-Safety Director. The feepayer shall be notified of the time, place, and date upon which the Board will hear that feepayer’s appeal.
(e) The Board shall adopt conclusion of fact for each appeal on which it makes a final decision. No decision in favor of the Appellant shall be made by the Board until and unless the Board determines the following:
(1) The appeal application was timely filed.
(2) The reasoning and basis set forth in the appeal application are valid and not solely for the economic benefit of the affected feepayer or owner of the property on which is located the land development activity.
(3) The relief requested by the Appellant is the minimum relief possible and other alternative relief measures are not practical or feasible.
(4) Granting the relief sought by Appellant will not cause undue harm to the fire/EMS system in the fire/EMS Improvement District in which the land development activity of the affected feepayer is located.
(5) Granting the relief sought by Appellant will not cause a sustained, continuous or periodic unsafe or dangerous fire/EMS condition so that it significantly decreases fire/EMS safety in the fire/EMS Improvement District in which the land development activity of the affected feepayer is located.
(6) Granting the relief sought by Appellant will not cause funds that are collected from fire/EMS system impact fees to be used in a manner inconsistent with Section 1345.11.
(7) Granting of the relief sought by Appellant will be consistent and in harmony with the intent and purposes set forth in Section 1345.03.
(8) Granting the relief sought by Appellant will not cause a decrease in the then adopted and established Level of Service of the fire/EMS Improvement District in which the land development activity of the affected feepayer is located.
(f) The impact fee ordered by the Board of Zoning Appeals shall be paid 10 business days after the Board of Zoning Appeal’s order is issued.
(Ord. 24-05. Passed 5-23-05.)