(A) In the case of an appeal from the action of the Building Official or the Planning or Zoning Commission, the Board of Adjustment may be taken by any person aggrieved or by any officer, department, or board of the municipality affected by any such action or decision. Such appeal shall be taken within three days from the date of the decision of such Building Official or Planning or Zoning Commission by filing with said Building Official or Planning Board, as the case may be, and with the Board of Adjustment a notice of appeal specifying the grounds thereof and paying a filing fee, as established by motion or resolution of the legislative body of the town. However, in no event will the fee be less than $50, payable at the office of the Town Clerk at the time the notice is filed. The Building Official or Planning Commission shall forthwith transmit to the Board of Adjustment certified copies of all the papers constituting the record of said matter involved in said appeal together with a copy of the ruling or order from which said appeal is taken.
(B) An appeal shall stay all proceedings and furtherance of the action or decision appealed from (unless the Building Official or Planning Board certifies to the Board of Adjustment after the notice of appeal shall have been filed) that, by reason of the facts stated in the certificate, a stay would, in the opinion of such Building Inspector of Planning Commission, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than be a restraining order which may be granted by the Board of Adjustment or by a court of record in application or notice to the officer or Planning Commission from whom the appeal is taken and on due cause shown.
(C) The Board of Adjustment shall hear said appeal within ten days from the filing thereof, giving public notice of said hearing, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agency or by attorney.
(Prior Code, § 18-12)