A Board of Zoning Appeals is established, which shall consist of five (5) members, two (2) of whom must be members of the Plan Commission, to be appointed by the Town Council, each for a term of four (4) years. Members of the Board of Zoning Appeals may be removed from office by the Town Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the Town Council for the unexpired term of the member affected.
a. Proceedings of the Board of Zoning Appeals. The Board of Zoning Appeals shall adopt the rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
b. Hearings; Appeals; Notice. Appeals to the Board of Zoning Appeals concerning the interpretation or administration of this ordinance, as amended from time to time, may be taken by any person aggrieved by an order of the Plan Commission, Building Commissioner, or Zoning Administrator, or by any officer of the governing body of the Town affected by any decision of the administrative officials. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days or such lesser period as may be provided by the rules of the Board, by filing with the administrative official and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
The Board of Zoning Appeals shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest as set forth in Section 10-135b.2. hereafter, and decide the same within a reasonable time.
At the hearing, any party may appear in person or by agent or attorney. The public hearing shall be held at the place and time specified. A party seeking to appear by agent or attorney at any hearing as provided herein shall submit to the body before whom the hearing is to be held, prior to the hearing, a letter of authorization or properly executed power of attorney authorizing the agent or attorney to appear at the hearing on behalf of the party.
c. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
(Ord. No. 2007-33, 12-27-07)