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(a) The Board must take each final action under this Chapter by written resolution. Each resolution must contain a statement of the grounds and findings forming the basis for each decision, and the full text of the resolution and the record of the members' votes must be incorporated into the Board minutes.
(b) Any action or decision of the Board under this Chapter, except a decision on a petition to grant, revoke, suspend, modify, amend, or extend the time in which to implement a special exception, requires the affirmative vote of at least 3 members.
(c) The affirmative vote of at least 4 members is required to adopt a resolution granting, revoking, suspending, modifying, amending, or extending the time in which to implement a special exception. However, any action regarding the following special exceptions in an agricultural zone requires the vote of 3 members:
Agricultural processing
Blacksmith
Country market
Equestrian Facility
Grain elevator
Manufacture of mulch
Milk plant
Retail nursery or garden center
Sawmills
Wholesale nursery or greenhouse
Winery
Farm machinery, sales and service
Farm supplies
Temporary structures for sale of farm products
(d) Any Board member who votes on a special exception and was not present for any portion of the hearing must read and sign the transcript of that portion of the testimony and must review all exhibits introduced at the hearing.
(e) Any petition for a special exception or modification of a special exception filed with the Board of Appeals before June 10, 1997 is subject to the vote requirement in effect when the petition was filed.
(f) The affirmative vote of a majority of the Board members present and voting is required to adopt a procedural motion regarding a special exception.
(g) Any resolution is statutorily denied if the necessary total of affirmative votes is not achieved for any reason. The Board minutes must reflect the Board’s decisions and actions.
A petition for a special exception or variance must not be accepted for filing or heard by the Board for 36 months after the Board’s final action denying any prior petition for the same category of special exception or for a variance seeking substantially the same relief concerning any portion of the same property, unless the Board finds that the applicant has shown substantial new facts which would warrant reapplication. If the action taken by the Board is appealed to any court, the time period runs from the date of final disposition of the appeal. This limitation does not affect the authority of the Board to grant a rehearing under the Board's rules of procedure.