§ 17-11
Appeals to the Zoning Board
[Ord. No. 08-31, 10-7-2009]
- (a) Procedure. An appeal to the board from a decision of the Building Official, any other zoning enforcement officer or agency or of the HDC pursuant to Article 8, may be taken by an aggrieved party. Such appeal shall be taken within 30 days of the date of the recording of the decision of the officer or agency, or within 30 days of the time when the aggrieved party knew or should have known of the action or decision of such officer or agency. The appeal shall be commenced by filing an application with the board, with a copy to the officer or agency from whom the appeal is taken, specifying the ground thereof. The officer or agency from whom the appeal is taken shall forthwith transmit to the board all papers, including any transcript or audiotapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the Planning Board.
- (b) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the officer's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer from whom the appeal is taken on due cause shown.
- (c) Public hearing. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof in the same manner as set forth in subsection 18-1(c) of this appendix, as well as due notice to the parties of interest, and shall render a decision within a reasonable period of time following the hearing. The hearing of any appeals shall be at a separate meeting from the hearing of any variance or special use permit applications (see Article 18), although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or by attorney. The officer or a designated individual of the agency, commission, or board from whom the appeal is taken shall appear before the Zoning Board of Review at the hearing to represent such agency, commission or board. Other members of the agency, commission or board may appear and be heard, but shall not represent the agency, commission or board. The cost of any notice required for the hearing shall be borne by the appellant.
- (d) Decision and records of the board. In exercising its powers in ruling, the board may, in conformity with the provisions of this appendix, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. The vote and recording of a decision of the board regarding an appeal shall conform to the provisions of subsections 17-9(b) and 17-10(b) of this article.