(A) Decisions rendered.
DECISIONS RENDERED
| ||
Application Type | Staff | BZA |
Special Exception | Review and make recommendations | - Approve (with or without conditions) - Disapprove |
Special/Conditional Use | ||
Use Variance | ||
Variance | ||
Appeals | Review and provide information | - Approve (with or without conditions) - Disapprove |
(B) Quorum. A quorum is a majority of the full membership of the BZA.
(C) Official action. Action of the BZA is official when concurred by a majority of the full membership.
(D) Tie votes. When a vote of the BZA results in a tie, the matter may be resolved by:
(1) A new motion to reconsider the matter and followed by a re-vote; or
(2) Re-docketing the matter for the next regularly scheduled meeting of the BZA.
(E) Indecisive vote. In any case where a vote of the BZA does not result in official action, the petition shall be automatically re-docketed for the next regularly scheduled meeting of the BZA.
(F) Continuance. A continuance may be requested for sufficient cause by the petitioner, by an interested party, or a member of the BZA. It shall be within the discretion of the BZA to grant or deny any request for continuance. Re-notification shall not be required if a petition is continued at a properly noticed public hearing/meeting to a specified future hearing/meeting date of the BZA.
(1) Continuance request by the petitioner. A request for continuance by the petitioner may be filed in writing prior to the BZA's hearing/meeting or made orally at the beginning of the BZA meeting when the agenda is considered. However, the petitioner shall be prepared to move forward with their petition until the continuance request is granted by the BZA.
(2) Continuance request by an interested party. A request for continuance by an interested party may be filed in writing prior to the BZA's hearing/meeting or made orally at the beginning of the BZA meeting when the agenda is considered. The interested party shall be prepared for the petition to move forward until the continuance request is granted by the BZA. For purposes of a public hearing, an "interested party" is any individual whose right to use, acquire, or enjoy property is or may be affected by action taken by the BZA.
(3) Continuance request by a member of the BZA. A member of the BZA may make a motion of continuance for consideration by the BZA.
(4) Meeting limitations. An automatic continuance that occurs because of meeting time limitations does not count as a requested continuance described in this section.
(G) Withdrawal of petitions.
(1) No petition may be withdrawn by the petitioner after a vote has been ordered by the chairman or chairperson presiding at the meeting.
(2) A petition which has been withdrawn by the petitioner shall not again be placed on the docket for consideration by the BZA within a period of 90 days from the date of withdrawal, except upon a motion by a BZA member to permit re-docketing and approved by the unanimous vote of the quorum present.
(H) Dismissal. The BZA may dismiss a case for want of prosecution or for lack of jurisdiction.