42-371. Quasi-Judicial Process Standards

  1. Category Three (3) Communication Facility Permits, Special Use Permits, Vested Rights, Variances, and Appeals
    1. Public Hearing. Before taking any action, the appropriate Zoning Board of Adjustment (ZBA) shall hold a public hearing (quasi-judicial) on the application, in accordance with established procedures for quasi-judicial hearings.
    2. Newspaper None required.
    3. Mailed Notice. The owner of that parcel of land (related to the application) as shown on the County tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the County tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the County tax abstracts. This notice must be deposited in the mail at least ten (10) but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the ZBA that fact, and such certificate shall be deemed conclusive in the absence of fraud.
    4. Posted Notice. The County shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the hearing. In the event that more than one (1) parcel is involved, at least one (1) sign shall be posted in a central location; however, the Zoning Administrator may post multiple signs. Said sign(s) shall be posted no more than twenty-five (25) days and at least ten (10) days prior to the hearing.
    5. Conflict of Interest. (See §42-321 D & E).