Appeals to the board of adjustment may be made from decisions by the zoning administrator, including interpretations of the Land Use Code, notices of violations of the Land Use Code, determinations of violations of conditional uses, review decisions where the PDSD director has challenged the historic designation of a structure proposed for demolition and other determinations in accordance with the LUC, and decisions of the design review board pertaining to Neighborhood Preservation Zone applications. Appeals shall be reviewed and decided by the board of adjustment following a public hearing. The board of adjustment may affirm, reverse or modify the decision subject to appeal and may impose conditions necessary and appropriate to implement the LUC and other pertinent regulations.
(1) Filing of an appeal. Appeals shall be filed with the zoning administrator within the time provided by the procedure from which the decision is appealed. An appeal shall be scheduled for consideration by the board of adjustment at the next regular meeting which is at least thirty-five (35) days following the filing of the appeal. The zoning administrator may, for good cause, grant one (1) extension to the second regular meeting after the filing of the appeal. The filing of an appeal stays the issuance of permits and approvals and all formal land use action on the development proposal subject to the appeal.
(2) Limitation on contact with the board of adjustment. Except for duly noticed site inspection, study and public hearing, no person shall contact or discuss the merits of any appeal with the members of the board of adjustment between the filing of the appeal and the final determination by the board of adjustment.
(3) PDSD director's report. The PDSD director shall forward the appeal, any additional materials provided by the appellant, the recommendations, or in the case of an appeal of NPZ design review, the decision of the DRB or other applicable advisory body, any materials provided by any other party and the director's report and recommendation to the board of adjustment no later than five (5) days prior to the scheduled meeting.
(4) Public notice. Public notice of the board of adjustment public hearing shall be provided not less than fifteen (15) days and not more than thirty (30) days prior to the hearing. Public notice shall be to the applicant, the same parties notified of the initial application and those who provided oral or written comments in the course of the prior procedure. Notice shall be provided in the same manner as for the procedure from which the appeal is filed.
(5) Board of adjustment public hearing. The board of adjustment may hold a study session and shall hold a public hearing on the appeal in accordance with section 23A-52(2) and the rules and regulations of the board of adjustment. The board of adjustment shall reach a decision following the close of the public hearing. The board of adjustment may continue the public hearing for up to forty-five (45) days. The public hearing shall not be continued for more than forty-five (45) days without the consent of the applicant, regardless of who is the appellant.
(6) Notice of the decision. The decision by the board of adjustment shall be announced and shall be final at the time the decision is made following the public hearing. Written confirmation of the decision shall be provided within three (3) days of the date of decision to all parties of record.
(7) Reconsideration. The appellant, the applicant, the zoning administrator, or in the case of a decision relating to NPZ design review, the PDSD director, may request reconsideration of a decision on an appeal provided the request is filed with the zoning administrator within fourteen (14) days of the date the decision is announced. A request for reconsideration may be made only where there is an error in fact or law in the decision or where a party has new evidence that was not available at the time of the public hearing. The request shall be scheduled for the next regular meeting of the board of adjustment.
(8) Issuance of permits and approvals. No permits or development approvals based on the decision shall be issued, no inspections performed or other formal action taken, while the appeal is pending before the board of adjustment or before the expiration of the period for reconsideration where no request is filed. If a request for reconsideration is filed, no permits or development approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the board of adjustment.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09; Ord. No. 10726, § 2, 11-24-09)