How to Appeal

VARIANCE/USE VARIANCE OUTLINE

Follow the instructions in this outline to an efficient and expedient conclusion to your petition.

 1. Ten days prior to your preliminary hearing you shall:
A. File the application with the legal description of property in question and pay pertinent fees.
B. Provide proof of ownership or vested interest in the property.

2. At the Preliminary Hearing you will be required to: (4th Wed. of the month 6:30 P. M.)
A. Present preliminary plans upon request.
B. Make a brief presentation.
C. Request a PUBLIC HEARING.
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Ken Mika
Building Commissioner
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3. After Preliminary Hearing you must:
A. Publish legal advertisement (I. C. 5-3-1) for ONE DAY in both The Times and the Post Tribune. (Legal Must appear in both papers a minimum of 10 days prior to date of public hearing). To accomplish this prepare your legal and submit to the papers as soon as you have been granted your public hearing. The newspapers do have a deadline for publishing legal ads.
B. Obtain an approved sign from the Building Department and have posted in a conspicuous location on the property no less than 10 days prior to your public hearing. This sign must remain posted until the day AFTER the public hearing.

 FAILURE TO COMPLY WITH THESE ESTABLISHED RULES WILL RESULT IN THE PETITIONER NOT BEING HEARD AND THEREFORE CONTINUED TO THE NEXT SCHEDULED HEARING DATE.

4. Twenty-four (24) hours prior to the public hearing you must:
A. Submit proofs of publication to the Office of the Building Commissioner (affidavits from newspapers). (Note: We cannot accept copies of the printed noticed. These MUST be actual affidavits from the publisher.) (Failure to submit proof of publication will result in your public hearing being continued to the following month, due to inadequate time for the attorney to review proofs for compliance.)

5. At the PUBLIC HEARING you, the petitioner must: (4th Wed. of the month 6:30 P.M.)
A. Present copies of plans, minimum of five (5) to the Board Members.
B. Have a copy large enough to be placed on the bulletin board and be clearly seen by remonstrators and Board Members.
C. Make your presentation.
D. Respond to any remonstrators.
E. Respond to questions and comments by Board Members.

Note: Final action (Approval or Denial) of a request is decided by the members of the Board of Zoning Appeals, usually the day of the public hearing. On occasion it may be necessary for the Board to request a continuation to further study plans.