Title 15 - Article V

Section 150: Appeals

150.1. An appeal from any final order or decision of the Planning Administrator (Town Manager) may be taken to the Board of Adjustment (Town Council) by any person aggrieved of any order, requirement, decision, or determination of the administrative official charged with the enforcement of the provisions of this Title. An appeal is taken by filing with the Administrator and the Board of Adjustment a written Notice of Appeal specifying the grounds to be considered and shall indicate what provisions of said Title is involved, what relief from these provisions is being sought, and the ground(s) upon which the appeal is based. A Notice of Appeal shall be considered filed with the Administrator and the Board of Adjustment when delivered to the Land Use Office, and the date and time of filing shall be entered on the notice by the planning staff.

150.2. An appeal must be made within thirty (30) days after the date of the decision or order being appealed.

150.3. Whenever an appeal is filed, the administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record relating to the action being appealed.

150.4. An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order or decision being appealed, unless the administrator certifies to the Board of Adjustment that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the Board of Adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the Administrator.

150.5. The Board of Adjustment may reverse or affirm (in whole or in part) or may modify the order, requirement or decision or determination being appealed and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the Board shall have all the powers of the officer from whom the appeal is taken.

150.6. The Board shall set a public hearing within thirty (30) days of its receipt of an Application for Appeal. A Notice of such hearing shall be published in a newspaper of general circulation in the town at least one (1) week prior to said hearing. A copy of said Notice shall be sent to the parties submitting appeal. At the hearing any person may appear in person and/or be represented by an attorney or agent. The Board shall render a decision within thirty (30) days of said hearing and shall notify the person(s) applying appeal of the decision.