§ 158.027. Appeals.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board, or commission of the town affected by any decision of the administrative official under any provision of this chapter.

(A)

An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed for unless the official from whom the appeal was taken shall certify to the board of adjustment, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board of adjustment or a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(B)

Any person appealing any decision of an administrative official shall make the appeal within 30 days after rendition of the order, requirement, decision or determination appealed from in writing to the board of adjustment and file with the planning and zoning official the appeal, an application fee as set by resolution of the town commission, and a sufficient number of copies of supporting facts and data to satisfy administrative needs as determined by the town manager, or designee. This does not, however, restrict the filing of a request for a special exception or variance by any person at any time as provided for elsewhere in this chapter.

(C)

Upon receipt of the appeal, the planning and zoning official shall forthwith examine the appeal or request application and endorse his weighted options thereon together with all documents, plans, papers, or other materials constituting the record on which the action appealed was taken and transmit it to the board of adjustment. Concurrently, the planning and zoning official shall transmit a copy of the appeal together with all documents, plans, papers, or other materials constituting the record to the town attorney for his review and opinion. The town attorney shall present his opinion to the board of adjustment with respect to two items, as to whether the appeal is in fact an appeal and within the jurisdiction of the board of adjustment, and the merits of the appeal proper if requested by the board. Based on past opinions of the town attorney, the town manager, or designee may make such determinations.

(D)

Before rendering a decision on an appeal, the board of adjustment shall hold a public hearing. The board shall fix a reasonable time of day for the hearing and cause public notice to be given at the petitioner's expense. Notice of public hearings of the board shall, at least seven days prior to hearing, be:

(1)

Prominently posted by the applicant by a sign provided by the town on the property which is the subject of the application or petition. The posted notice shall be:

(a)

Placed in a location in conformance with chapter 156;

(b)

Placed in a location unobstructed to the view of passersby;

(c)

Maintained by the applicant until required to be removed and if damaged, destroyed or removed, shall be replaced as soon as possible by the applicant with another sign provided by the town;

(d)

Modified by the applicant to reflect any errors or changes in scheduling of the applicable public hearings so as to ensure accurate information;

(e)

Removed by the applicant within 48 hours after conclusion of the public hearing; and

(f)

Inspected by the planning, zoning and building department to ensure compliance with these posting requirements.

(2)

Posted by the town at town hall.

(3)

Published in a newspaper of general circulation within the town; and

(E)

A copy of the legal notice sent by certified mail 14 days prior to the hearing by the petitioners to all owners of property involved in the petition or application, and to all owners of property immediately adjacent to and within 500 feet of the perimeter of the subject property, and to each homeowners', property owners' or condominium association which annually registers with the planning, zoning and building department to receive such notice by first class mail. The guide for the mailing requirement to owners shall be the most current town or county assessment roll.

(F)

At the hearing, any party may appear in person, by agent or by attorney. With respect to condominiums or cooperatives, notice required by this section will be deemed notice to its property owners when notice is sent or delivered to the secretary and the president of the condominium or cooperative association, unless the offices are not filled, in which event notice to the agent designated for the service of process will be sufficient compliance with the notice requirements of this section. However, in the discretion of the zoning board of adjustment, notice may be required to be given to each condominium owner or cooperative unit owner.

(Ord. 90-06, passed 3-19-90; Amd. Ord. 94-16, passed 11-17-94; Amd. Ord. 97-24, passed 11-3-97; Amd. Ord. 98-24, passed 7-16-98; Ord. 2011-04, § 2, passed 6-6-11)