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Lander City Zoning Code

4-5-4 Rules

For Proceeding Before The Board Of Adjustment And Variances

  1. Appeals to the Board of Adjustment may be filed by any person aggrieved by any officer, department or agency of the City affected by any decision of the City of Lander. Such appeal shall be made in writing on forms provided by the City of Lander and shall be filed within 30 days from the date of the action appealed from.
  2. Decisions of the Board of Adjustment in regard to appeals from an order or decision of any agency or official or in regard to variances from the provisions of the zoning ordinance shall be reached only after a public hearing. The Board shall fix a reasonable time and place for the hearing and shall proceed in accordance with the following rules:
    1. Public notice shall be given of all hearings. Public notice shall consist of one publication of a notice by the City in a newspaper of general circulation at least 15 days prior to the hearing and a public notice mailed to the property owners within 400 feet of the premises. The newspaper notice shall identify the applicant, shall briefly state the nature of the appeal or the variance sought and shall give the date, time and place of the hearing. All hearings shall be open to the public.
    2. At any public hearing, any interested party may appear in person or be represented by an agent or attorney and, after being duly sworn, may offer evidence and testimony and cross examine witnesses.
    3. All witnesses shall be sworn or shall affirm their testimony in the manner required in courts of record.
    4. All testimony and evidence shall be presented publicly.
    5. The Board shall keep a record of the proceedings for each matter heard which shall be kept on file and copies made available to any party at cost. The record of proceedings may include documents and physical evidence considered in the case.
    6. The Board shall render a written decision on each case heard within 30 days of the hearing. Each decision must be accompanied by reasons therefore, and based on findings of fact. The record shall show the grounds for each decision and the vote of each member upon each question. The record of proceedings shall be public record. In addition to this record of proceedings, the Board shall cause a description of each variance granted, to be filed with the title of the affected property. The description shall include the nature of the variance, any time limitations and any special conditions imposed by the Board.
HISTORY
Amended by Ord. 1152 on 1/13/2009

1152