Appeals to the zoning board of review
An appeal to the zoning board of review may be taken by an aggrieved party from the decision of the zoning officer, planning board or the historic district commission. The appellant shall file with the secretary of the zoning board of review and the official or agency from whom the appeal is taken, a statement of the appeal, a copy of his plat, a copy of the list of abutting owners furnished therewith and the reasons for disapproval of the concerned official or agency's action, together with the names and addresses of any other persons who appeared before the official or agency in opposition to his application. Such papers shall be filed with the secretary of the zoning board of review within ten days after the final action of the official or the agency on the application. The official or agency from the appeal is taken shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.
A. Hearing of Appeals. The zoning board of review shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, including the applicant, abutting owners and any other person who entered an appearance before the official or the agency from whom the appeal is taken from and in accordance with Section 17.112.070, and decide the same within a reasonable time. The cost of any notice required for the hearing shall be borne by the appellant. Upon the hearing, any party in interest may appear in person or by an agent or attorney.
B. Participation in Zoning Hearing. Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
C. Decisions and Records of the Zoning Board of Review. In exercising its powers the zoning board of review may, in conformity with this zoning code, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. All decisions and records of the zoning board of review respecting appeals shall conform to the provisions of Section 17.112.060.
(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.03(1))