§ 58-236. Appealing of decision by board of adjustment.

(a)

A written application for a rehearing shall be made in the same manner as provided for an original hearing within a period of 15 days after the date of the written decision of denial of the original application. In addition, specific information to enable the board of adjustment to determine whether or not there has been a substantial change in fact, evidence, or conditions in the case, shall be presented in writing, or graphically. A rehearing shall be denied by the board, if, in its judgment, such change in facts, evidence, or conditions has not been proven. In the event that the board finds that a rehearing is warranted, it shall thereupon proceed in the same manner as prescribed for in the original hearing.

(b)

Upon the denial of the original application, or upon the denial of an application for which a rehearing has been conducted, a similar application may not be filed for a period of one year after the date of denial of the final application.

(c)

Every quasi-judicial decision shall be subject to review by the superior court division of the general courts of justice of the state by proceedings in the nature of certiorari. Any petition for review by the superior court shall be duly verified and filed with the clerk of superior court within 30 days after the decision of the board is filed with the secretary of the board, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the board of adjustment at the time of its hearing of the case, whichever is later. The decision of the board of adjustment shall be delivered to the aggrieved party either by personal service or by certified mail, return receipt requested.

(Ord. No. O-2010-08, 6-14-2010; Ord. No. O-2014-10, 10-13-2014)