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Whenever possible, a case will be decided immediately after the closing of the record. If a case is particularly complicated or lengthy, the Board may defer making a decision to a worksession.
If fewer than five Board members are present to hear oral argument on a conditional use, the Board may, in its discretion, defer its decision until the absent member or members have read the transcript of the argument so that they can participate in the final decision. If only three Board members were present to hear oral argument on a conditional use and the vote to grant the conditional use is 2:1, then one or both of the remaining Board members must read the transcript and participate in the final decision. Decisions do not have the force of law until the date on which the written Opinion is mailed and entered in the Opinion Book.
The Board retains the power to revise its decision in case of fraud, mistake or irregularity at any time.
9.1 Mailing Requirements. The Board must issue an Opinion in conditional use or variance cases within 30 days after the record is closed, and must issue an Opinion in an administrative appeal within 45 days after the record is closed. The Board may issue its Opinions by mail or electronically. The presiding officer assigns the writing of an Opinion to a Board or staff member.
9.2 Extension of Time for Mailings. In all cases the Board, on its own motion and with written notice to all parties, may extend the time for issuing a written Opinion.
9.3 Correction of Clerical Errors. A clerical error may be corrected at any time without prior notice or hearing. A copy of the corrected Opinion must be sent to all persons who received the original Opinion.
10.1.1 In general. Within 30 days from the date the Opinion was entered in the Opinion Book, the Board may, on its own motion, stay its decision and re-open a case to reconsider it or hold a rehearing. Any motion for reconsideration or rehearing must be made by a Board member who voted on the prevailing side.
10.1.2 Grounds. The Board may grant reconsideration only on evidence of changed circumstances, new evidence that could not reasonably have been presented at the original hearing, or if some mistake or misrepresentation was made at the original hearing that requires rehearing and reargument in order to be corrected.
10.2 Requesting Reconsideration. Any request for rehearing or reconsideration must be filed within 15 days after the date the Opinion is mailed and entered in the Opinion Book. The request must be in writing and specify the nature of the relief desired and provide reasons supporting the request.
10.3 Notice of Requests To Reconsider. The party requesting reconsideration or rehearing must serve all parties who received the original Opinion with a notice specifying the substance of the request at the same time the request is made to the Board.
10.4 Response. Within 15 days after the notice of the request any party may file a written response and ask for oral argument. All parties who received the original Opinion must be served with a copy of the response.
10.5 Board Action on Requests To Reconsider. The Board must act either to grant or deny the request within 30 days after it is filed.
10.6 Time for Appeals From Decisions. The Board may, on its own motion, stay the time for appeal to the Circuit Court until the Board acts on the request.
12.1 Requirements. A request for modification of the terms or conditions of a conditional use granted by the Board may be made at any time. Minor modifications of conditional uses may be granted without public hearing as provided by section 7.3.1.K.2 of the Zoning Ordinance. All parties who received a copy of the original opinion must receive notice of the Board’s action modifying the original grant. The notice must state that any party may, within 15 days of the Board’s resolution, request a public hearing on the Board’s action.
12.2 Transfers of Conditional Uses. The transfer of a conditional use is a modification under section 7.3.1.K of the Zoning Ordinance. Except for accessory apartments, a transfer of a conditional use granted by the Board can only be granted if the original holder of the conditional use requests a transfer or agrees to the transfer in writing.
The transfer of a conditional use granted by the Board for an accessory apartment can be granted if the party requesting the transfer presents evidence of ownership of the property, such as a deed.
13.1 Opinion Book. The Board's staff must enter each opinion and resolution in the Board's Opinion Book, which must be kept complete and up to date. All opinions and resolutions must record the vote of each member. If a member abstained or disqualified him/herself the opinion or resolution must give the reasons for this action. The opinion or resolution must also indicate if a member was absent.
13.2 Docket File. The staff must maintain a complete and up-to-date docket file. At a minimum this file must contain each petition or appeal, the assigned case number, name and address of the applicant, location of the property, the nature of the petition, the Board's decision, and any subsequent actions.
The docket file must be open to public inspection.
13.3 Case Files. The staff must maintain two identical files for each case. One file is for Board members to review and for use at the public hearing. The other file is for public inspection and must contain all information contained in the Board file, including letters of support or in opposition. Any person may read the file in the Board's office during regular office hours and copy any portion at their own expense.
Time must be computed as follows:
(1) Do not count the day of the event that begins a time period (e.g. the day a decision is entered into the Opinion Book).
(2) Include the last day of a time period unless it falls on a Saturday, Sunday, Federal, State or County holiday. In that case the time period ends on the next business day.
(3) If the required time period is more than 7 days count Saturdays, Sundays and holidays as days. If the time period is 7 days or less do not count Saturdays, Sundays or holidays.