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(A) (1) For a period of 12 months, the Board shall not accept an appeal application for a matter upon which it has rendered a final decision, except as provided in their rules.
(2) After the lapse of the 12-month time frame and upon a majority vote ascertaining changed facts or circumstances, the Board may accept such an appeal application for consideration.
(B) In order to complete additional applications and receive the necessary permits for construction, variances and special exceptions shall be vested for a period of two years, subject to the rights and restrictions contained within § 156.049 (Vested Rights). Failure to receive the necessary permits within the prescribed timeframe shall render relief granted as a result of the appeal void and of no force or effect.
(C) (1) Unless specifically modified by the Board's approval, relief granted as the result of an appeal shall be in accordance with the specific plans submitted with the application.
(2) Minor changes to the approved plans that do not affect the relief granted may be allowed to meet subsequent approval requirements, if approval of same is granted by the Zoning Administrator.
(D) The burden of proof for the relief sought is upon the applicant.
(1) In this regard, a complete application of forms and information is required.
(2) Prior to consideration by the Board, incomplete applications will be returned to the applicant.
(E) Routine repairs and maintenance may be made to a structure constructed pursuant to relief granted by the Board as required to preserve it in sound condition. Any proposed changes to the structure shall be presented to the Board Secretary for determination whether a new application is required.
(Ord. 02001, passed 2-12-02; Am. Ord. 02024, passed 6-11-02; Am. Ord. 02068, passed 1-14-03; Am. Ord. 05035, passed 6-14-05; Am. Ord. 14047, passed 8-12-14)