§ 10.0. Reconsideration and rehearing - conditional uses and variances.

10.1.1 In general. Within 30 days from the date the Opinion was entered in the Opinion Book, the Board may, on its own motion, stay its decision and re-open a case to reconsider it or hold a rehearing. Any motion for reconsideration or rehearing must be made by a Board member who voted on the prevailing side.

10.1.2 Grounds. The Board may grant reconsideration only on evidence of changed circumstances, new evidence that could not reasonably have been presented at the original hearing, or if some mistake or misrepresentation was made at the original hearing that requires rehearing and reargument in order to be corrected.

10.2 Requesting Reconsideration. Any request for rehearing or reconsideration must be filed within 15 days after the date the Opinion is mailed and entered in the Opinion Book. The request must be in writing and specify the nature of the relief desired and provide reasons supporting the request.

10.3 Notice of Requests To Reconsider. The party requesting reconsideration or rehearing must serve all parties who received the original Opinion with a notice specifying the substance of the request at the same time the request is made to the Board.

10.4 Response. Within 15 days after the notice of the request any party may file a written response and ask for oral argument. All parties who received the original Opinion must be served with a copy of the response.

10.5 Board Action on Requests To Reconsider. The Board must act either to grant or deny the request within 30 days after it is filed.

10.6 Time for Appeals From Decisions. The Board may, on its own motion, stay the time for appeal to the Circuit Court until the Board acts on the request.