(A) Policy.
(1) Prior code violation resolution. A petition or permit application may not be filed for a property that has a previously documented and unresolved code violation until the violation has been resolved. However, the Town Planner may allow the filing of a petition application or permit application if it is shown that it will directly contribute to the resolution of the violation.
(2) Adverse decision. A petition that receives an adverse decision from the BZA may not be re-filed for a period of one year from the date of the adverse decision. The Town Planner shall determine if a new petition significantly differs from the previous petition that received the adverse decision.
(B) Filing required prior to hearing.
(1) Petitions for consideration. All applications for consideration or recommendation shall be filed in accordance with the proper forms adopted by the BZA, in the required numbers, and in the required form, and in accordance with the adopted calendar of meeting and filing dates.
(2) Incomplete applications. If the Town Planner finds that the application or submittal is insufficient, not in accordance with the proper forms, or not in compliance with the adopted ordinances, said petition shall be considered "incomplete" and shall not be accepted until such time as it becomes complete.
(C) Attendance at hearing required. All applicants, petitioners, or designated representatives, shall attend the public hearing in person to present the application or petition, to answer questions from the BZA, and to make rebuttal or answer questions to remonstrators. Failure to meet this requirement may result in the dismissal of the petition.
(D) Filing on BZA forms. Any communication purporting to be an application not on forms furnished by the BZA or not containing the information called for on said forms, shall be regarded as a mere notice of intention to file and shall be of no force or effect until it is made on and in the form required. All application forms, including the instructions therewith, are hereby declared to be a part of these written rules and procedures.
(E) Filing fee. The petitioner shall pay the appropriate filing fee at the time of filing their petition to cover expenses of processing the petition. The amount of fees shall be in accordance with the fee schedule as adopted by the Town Council.