§ 21.30.040. New evidence or changed circumstances.

A.

Allegations of new evidence or changed circumstances shall not be considered or decided by the board of adjustment. Allegations of new evidence or changed circumstances shall be raised by written motion for rehearing, filed with the municipal clerk no later than 20 days after the lower administrative body's initial decision becomes final pursuant to regulation 21.10.304D., 21.11.304D., or 21.13.340D., as applicable.

1.

The municipal clerk shall automatically reject any motion filed more than 20 days after the lower administrative body's initial decision becomes final, without hearing or reconsideration by the lower administrative body.

2.

A decision of the lower administrative body on any issues remanded from the board of adjustment is not an initial decision as described in section A. above. The municipal clerk shall automatically reject, without hearing or reconsideration, any motion alleging new evidence or changed circumstances filed in response to a lower administrative body's decision on any issue(s) presented on remand.

B.

If the written motion is timely filed, the administrative body from which the appeal is taken shall decide whether to reopen and rehear the matter pursuant to regulation sections 21.10.503, 21.11.503, or 21.13.530.

(AO No. 73-76; AO No. 80-85; AO No. 2004-126(S), § 4, 12-7-04)