§ 28-103. Same—Appeal procedure.

(a)

An applicant appealing to the county zoning board of adjustments and appeals for a hardship variance from the provisions of this division shall pay a filing fee of twenty dollars ($20.00) and shall submit six (6) copies of the application along with any additional data and information required by the board to the administrative official.

(b)

The administrative official shall then refer one copy each of the application and any appropriate accompanying material to the board. The administrative official shall retain the original copy of the application along with accompanying material for the record.

(c)

Upon receipt of the appeal application, the board shall fix a reasonable time for the hearing of the application and give actual notice thereof to the parties in interest. Any party may appear in person or by agent or by attorney at the hearing.

(d)

The board, after holding a hearing, shall approve, disapprove, or approve subject to modifications or conditions, the application and accompanying material, if any. If the board approves the application, it may attach any necessary conditions such as time limitations, requirements that one (1) or more things be done before the request can be initiated, or conditions of a continuing nature to ensure that there shall be no departures from the intent of this division. If the application and accompanying material is approved, the board shall express its approval and state the conditions of such approval, if any; or, if disapproved, shall express its disapproval and its reasons therefor. If an application is disapproved, reasons for such disapproval shall be stated in writing on the records of the board and a statement in writing of such grounds of disapproval shall be furnished to the applicant or his agent. If approved, subject to modifications or conditions, the nature of the required modifications or conditions, shall also be indicated in writing on the records of the board and furnished to the applicant or his agent.

(Ord. No. 80-3, § 9, 3-25-80; Ord. No. 80-8, § 1, 8-12-80)