Administrative procedures for appeals to zoning board of review
(a) Filing procedure. An appeal to the zoning board of review from a decision of the zoning enforcement agent, zoning administrator, historic district commission and the planning commission may be taken by an aggrieved party. The appeal shall be taken within 20 days of the issuance of a violation notice or zoning certificate by filing with the department of planning and development an appeal application. The department of planning and development shall send a copy of the appeal application to the officer or agency from whom the appeal is filed and to the planning commission. The officer or agency shall transmit to the zoning board of review all papers constituting the record upon which the action was appealed.
(b) Public hearing and notice requirements. The zoning board of review shall fix a reasonable time for the hearing of the appeal. Public notice shall be provided in accordance with subsection 21-19(c). Notice shall also be provided to the parties of interest. Upon the hearing, any person may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the applicant. 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) Application procedure for appeals. The zoning board of review shall prepare and adopt rules of procedure. The board's rules of procedure shall, at a minimum, include application forms for appeals which shall state the grounds for appeal. The following submission requirements shall accompany each application:
(1) A completed application signed by the property owner and appellant.
(2) Application fees as established by the town council and fees for advertising.
(3) A list of property owners within 200 feet of the subject site including plat and lot numbers, owners' names and mailing addresses as shown on the latest tax maps.
Upon submittal of the requirements in this subsection, the department of planning and development shall schedule a hearing before the zoning board of review.
(d) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning enforcement officer or agency from whom the appeal is taken certifies to the zoning board of review, after the appeal shall have been duly filed, that because of facts stated in the certificate a stay would, in the officer's or agency's opinion, cause imminent peril of life or property. In that 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 or agency from whom the appeal is taken on due cause shown.
(e) Decisions and records of zoning board of review. In exercising its powers, the zoning board of review may, in conformity with this chapter, 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 from whom the appeal was taken. All decisions and records of the zoning board of review respecting appeals shall conform to subsection 21-13(e).
(f) Appeal of zoning board of review decision. An aggrieved party may appeal the decision of the zoning board of review in accordance with subsection 21-13(g).
(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 03-8, § 1, 6-9-2003)