§ 260-41
Zoning Board of Review appeal procedures
[Amended 5-15-2000 by Ch. No. 1300]
- A. Public hearing required. Prior to disposition of an appeal by the Zoning Board of Review, a duly noticed public hearing shall be held at which opportunity shall be given to the parties to the appeal. Each party to the appeal shall have the right to be represented by an attorney, to present evidence directly and through witnesses, and to cross-examine other parties and their witnesses.
- B. Notice. Public notice shall be given at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of the hearing shall be sent by the appellant by both first-class mail, postage prepaid and by certified mail, return receipt requested, to the parties of interest at least 14 days prior to the date of hearing. Notice shall be sent to the last known mailing address as shown on the current real estate tax assessment records, and if such address is different from the property address, also to said property address by first-class mail, postage prepaid. All notices shall state the name of the party taking the appeal, the title of the official or agency whose decision is being appealed, the substance of the decision appealed from, the street address of the subject property, and the date, time, and place of the initial public hearing. Prior to the hearing, appellant or its legal representative shall file with the Board a notarized affidavit that the notice provisions have been satisfied. The cost of the notification shall be borne by the party taking the appeal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- C. Review and disposition. The Zoning Board of Review shall act upon all appeals before it in accordance with the following:
- (1) The public hearing shall be held within a reasonable time of the filing of the appeal with the Zoning Board of Review. The public hearing shall be held open until all parties have been given an opportunity to present their evidence and legal arguments.
- (2) The Zoning Board of Review, within 45 days of the close of the public hearing, shall deliberate at a meeting open to the public as to whether the appeal shall be granted and, if so, what disposition shall be made.
- (3) The decision of the Zoning Board of Review shall be in writing and shall set forth the evidence presented at hearing and taken from the record presented by the administrative official or the agency whose action is being appealed from upon which it bases its decision. The written decision shall include all findings of fact and shall show the vote of each member participating in the decision, the absence of any member, and the failure of any member present to vote.