Upon receipt of an appeals application form, the Zoning Administrator will schedule the case for the next regular Board meeting. Cases filed less than ten (10) days from the regular meeting will automatically be set for hearing on the subsequent regular meeting.
A. Notice Of Public Hearing: The Zoning Administrator will publicize the public hearing stating the location of the property and a brief description of the nature of the application, and the time and place of the public hearing in the following manner:
1. Notify all owners of property located within two hundred feet (200') in all directions from the property in question by common mail at least five (5) days prior to the Board meeting.
2. Prominently display an informational sign on the applicant's site.
3. Notify the County Engineer and County Health Officer and allow them time to reply, if applicable.
B. Testimony: At the public hearing, any person may appear and testify either in person or by duly authorized person or attorney, or in writing received by noon of the meeting day. For all appeals and applications, the burden of proof rests with the applicant.
C. Voting: In exercising the powers of Section 10-3-3 above, the concurring vote of three (3) members of the Board of Adjustment shall be necessary to reverse or affirm, wholly or partly, or modify or amend any appeal, or to impose such conditions for a special exception as are deemed necessary to protect the public good. Every decision of a Board case will result in a written decision which specifies the reasons for granting or denying an appeal or the list of conditions upon which the special exception is approved (if necessary), which decision shall be filed with the City Clerk.
D. Notification Of Board's Decision: The Administrative Officer shall notify the applicant by written letter of the official decision of the Board within fifteen (15) days of the decision. (Ord. 5-81, 9-1-1981)
E. Right To Appeal Decision: Any person or persons jointly or separately aggrieved by any decision of the Board under the provisions of this Title, or any taxpayer, or any officer, department, board, or commission of the City may present to District Court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision with the City Clerk. (Ord. 5-81, 9-1-1981; amd. 1998 Code)
F. Filing Fee: The filing fee for all appeals and applications to the Board of Adjustment is twenty five dollars ($25.00). (Ord. 5-81, 9-1-1981)