§ 50-861. Appeals.

(a)

The board of adjustment shall hear appeals of the interpretation or administrative application of any provision of this chapter by the zoning official or other administrative official charged with the power or duty of enforcing or administering the provisions of this chapter. In the hearing of such appeals, the board of adjustment may, upon proper petition and upon meeting all of the requirements and criteria and making all considerations contained in this section, and after the notice and hearing described below, reverse, or affirm, wholly or partly, or may modify, an order, requirement, decision or determination made by the zoning official, or other administrative official charged with the power or duty of enforcing or administering the provisions of this chapter, in the administration or interpretation of any of the provisions of this chapter, and may make such order, requirement, decision or determination as shall be proper in the circumstances, and for such purpose shall have all the powers of the official from whom the appeal was taken. Any decision reversing the ruling of the zoning official shall have the concurring vote of three (3) members of the board of adjustment.

(b)

An appeal to the board of adjustment shall be in writing on forms provided by the development department, and shall be duly filed with the development department within 30 calendar days after the date on the letter or other documents notifying the applicant of the decision by the zoning official or other administrative official. The appeal shall specify the grounds for the appeal.

(c)

The fee for an administrative appeal shall be established by the board of county commissioners through a resolution.

(d)

Upon receipt of a written appeal, the zoning official or other administrative official shall determine the date, time and place of the hearing, and shall give published notice as well as written notice by first class mail to all substantially interested parties at least 15 days prior to the date of the hearing. The zoning official or other administrative official shall transmit to the board of adjustment all papers or other records upon which the decision appealed from is based. At the hearing of an appeal, any substantially interested person may appear and be heard either in person or by his or her representative.

(e)

Considerations for appeals from the zoning official or other administrative official. In reaching its decision on an appeal from a zoning official or other administrative official, the board of adjustment shall consider the following criteria as well as any other issues which are pertinent and reasonable:

(1)

Whether or not the appeal if of a nature properly brought to them for decision, or whether or not there is an established procedure for handling the request other than through the appeal process, such as, but not limited to, a variance or special exception, or rezoning.

(2)

The intent of the regulation in question.

(3)

The effect the ruling will have when applied generally to the zoning regulations.

(4)

Staff recommendations, the testimony of the appellant, and testimony of substantially interested parties shall also be considered.

(f)

An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from which the appeal was taken shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a order which may be granted by the board of adjustment or by a court of competent jurisdiction, on notice to the official from whom the appeal was taken and on due cause shown.

(1991 LDR ch. 79, § 6.01(G)(21); Ord. No. 05-01, § 10, 5-17-2005; Ord. No. 2007-03, § 26, 7-17-2007)