(A) The procedure for taking action on a variance or an appeal shall be as follows.
(B) (1) An application for a variance or an appeal of a requirement, decision, or determination of an administrative officer shall be filed with the Zoning Administrator stating the particular difficulties claimed and remedy sought.
(2) The request shall be referred to the Board of Adjustment and Appeals for consideration.
(3) The Zoning Administrator shall refer the matter to the Board of Adjustment and Appeals for review and comment, and cause to be published in the official newspaper a notice of the public hearing at least 10 days prior to the date of the hearing.
(4) The Board of Adjustment and Appeals shall review and comment upon the request within 30 days of the filing of the request.
(5) The Board of Adjustment and Appeals shall, within 60 days after a complete application is accepted for filing by the Zoning Administrator, hold a public hearing and either approve or deny the application for a variance. However, the time within which the Board must make a decision may be extended for 60 days by the Board by giving written notice to the applicant of this extension and the reasons for it within the first 60-day period, in which case the Board shall have 120 days to hold a public hearing and either approve or deny the application for a variance. A copy of the order shall be mailed to the applicant.
(6) A decision of the Board of Adjustment and Appeals is final, subject only to judicial review in the district court.
(7) The Board of Adjustment and Appeals shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order.
(8) Upon notification of the applicant and verification by the Zoning Administrator that the construction permitted by a variance is complete, a certified copy of a variance granted, including the legal description of the property involved, shall be filed with the County Recorder.
(Ord. 239, § 1104, Am. #4, passed - -2004)
(9) Construction permitted by an existing or newly issued variance shall be completed within 1 year of the variance issuance or the variance shall be void.
(Ord. 239, § 1104, Am. #4, passed - -2004)
(Ord. 239, § 1104, passed 1-22-2000)