§ 22.3.2. Process.

A.

Initiation of appeal. A written application must be submitted to the planning department within 30 days of the order, requirement, decision or refusal made by the administrative official or agency. The application must be on a form provided by the planning department. A fee established by the county commissioners must be paid when the appeal is submitted.

B.

Scheduling. Upon receipt of the application, the planning director will schedule a hearing before the board of adjustment no later than 60 days after receipt of the application (see Table 12.3.I).

C.

Notice. Notice of the time and place of the appeal hearing must be published in a newspaper of general circulation at least ten days before the hearing date. Notice by first-class mail must be sent to property owners in the vicinity of the proposal as determined by the planning director.

D.

Action by the board. At the appeal hearing, the board of adjustment will take relevant evidence and testimony from the appellant, the administrative officer or agency and any interested party. At the conclusion of the hearing, the board of adjustment will affirm, affirm with modifications or reverse the determination made by the administrative officer or agency. A concurring vote of four members of the board of adjustment is necessary to reverse any order, requirement, decision, or refusal of the administrative official or agency or to decide in favor of the appellant.

E.

Burden of proof. An order, requirement, decision or refusal of the administrative officer or agency shall not be reversed unless the appellant shows by a preponderance of the evidence that such order, requirement, decision or refusal is erroneous.

(Res. No. 07192005R010, Exh. A, 7-19-2005; Res. No. 10282008R004, Exh. A, 10-28-2008)