Applications for certain design development options, modifications of development regulations in the RND and for variances before the board of adjustment shall be in conformance with section 23A-50 and the following.
(1) Director's recommendation. The director shall prepare a recommendation in accordance and forward it, together with the DRB and STAC recommendations when required, to the applicant and the board of adjustment not less than five (5) days prior to the scheduled public hearing. The recommendation shall be a written report that includes the request and present plans, policies, regulations, and other information relating to the request. The recommendation shall include a recommended action by the board of adjustment or a statement that the planning and development services department has no objection to the request.
(2) Advisory board review. Variance requests from the Environmental Resource Zone regulations require review by the design review board (DRB) and the stormwater technical advisory committee (STAC) as provided in LUC section 2.8.8.6. Variance requests from Scenic Corridor Zone (SCZ), the Gateway Corridor Zone, the landscaping and screening regulations, and the native plant protection regulations require DRB review as provided in LUC sections 2.8.2.14, 2.8.4.5, 3.7.7.5, and 3.8.8.3, respectively.
(3) Board of adjustment public hearing. The board of adjustment shall hold a public hearing in accordance with the following and the board of adjustment's rules and regulations.
a. Notice of the public hearing shall be provided at least fifteen (15) and no more than thirty (30) days before the date of the public hearing to all parties who received notice of the application. Notice shall be provided in the same manner as the application. The notice of the public hearing may be consolidated with the notice of the application.
b. Except as permitted in the public hearing and the procedures for submission of written materials, no person shall communicate with a member of the board of adjustment regarding a matter to be decided by the board any time prior to the expiration of the time for reconsideration of a decision.
c. The chair of the hearing body or person presiding may administer oaths and may compel the attendance of witnesses and the production of relevant information, including witnesses requested by any party.
d. The chair or person presiding may impose any reasonable limitations on the number of speakers heard and may establish the nature and length of testimony by speakers.
e. Comments may be given by any person, either verbally or in writing.
f. Following the close of the hearing and prior to making a decision or recommendation, the hearing body may discuss the matter and further question staff or any party submitting comment.
g. A record of the hearing is made and retained as a public record.
(4) Board of adjustment decision. The board of adjustment may close the public hearing or continue it to a specific date, time, and place provided the continuance is not for more than one hundred twenty (120) days. The board of adjustment shall issue a decision in accordance with the findings required for approval of the application at the conclusion of the public hearing.
(5) Notice of decision. Notice of the decision shall be mailed within three (3) days of the decision to the applicant and any persons requesting the notice.
(6) Reconsideration. The board of adjustment may consider one request for reconsideration by the applicant or a party of record, provided:
a. A written request is filed with the zoning administrator within fourteen (14) calendar days after the board has rendered its decision, and
b. The request is based upon new evidence or materials which were not presented and could not reasonably have been presented at the public hearing on the case.
(7) Change of condition. After a DDO or a variance has been granted by the board, the property owner/applicant may request a change to a condition for approval as imposed by the board based upon changed circumstances which affect the condition. The request shall be heard by the board and the board shall initially determine whether the request if for a minor change of condition that does not materially alter the variance and does not materially affect any other properties. If the board determines that the request is for a minor change of condition, it may decide whether to approve or deny the change. If the board determines that the request is not a minor change of condition and there are reasonable grounds for the request, the case shall be scheduled for a public hearing and notice provided in conformance with this section.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10295, § 3, 6-27-06; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)