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Zoning and Planning Board of Appeals outlines process for Chapter 10 license denials
Summary
At a meeting of the Zoning and Planning Board of Appeals, members reviewed how appeals of denials under Chapter 10 will be handled, including the staff burden of proof, the types of licenses likely to come before the board and procedural details such as voting and potential closed sessions.
Noel Elmerson, president of the Zoning and Planning Board of Appeals, opened the meeting and led a discussion of how the board will hear appeals of denials of licenses and permits under Chapter 10.
City staff said the staff member responsible for an initial denial will present evidence and must prove the denial was justified under the relevant ordinance section. "The staff's going to be responsible for proving that they're correct in their denial," John, a city staff member, told the board.
Board members were given examples of typical cases and guidance on the standard of review. John said hearings will usually involve staff presenting ordinance citations and supporting evidence — photographs, inspection results or police records — and that the board's role will be to…
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