They can file their appeal with the Zoning Board for the decisions of its administrator, or with the courts for the decisions of the Zoning Board.
“I believe that the public must be aware of this two-tier level of decision-making and fully understand that the zoning law provides for review if the applicant was dissatisfied with the administrator’s or the board’s decision,” explained Zoning Board Chairman Henry S. Hofschneider in an e-mail to the Variety.
Hofschneider said the first tier is for “applicants dealing with the zoning administrator, whose decisions do not require the concurrence of the board.”
He said “there are some types of decisions that the administrator makes that do not go to the board for final approval.”
The board may decide to review these administrator-issued decisions, a discretion that the law gives the board, he added.
“If an applicant was dissatisfied with the decision of the administrator, the decision could be reviewed by the board by a written request (by the applicant) to the board,” Hofschneider said.
The second tier deals with applications that require board consideration and decision.
The “[Saipan zoning] law provides for some types of decisions to be made only by the board, e.g., conditional use applications, variance applications, re-zone, major subdivision plats, etc.,” Hofschneider said.
“The board’s decision at this level may be appealed to the courts if the applicant elected to raise issues.”
Hofschneider said “the board has always emphasized to the zoning staff to inform the applicant to seek board review if the decision was not in his/her favor.”
The purpose of the “Saipan [zoning] law is primarily to protect the health, safety and welfare of the public,” he added.
