A. Application: Appeals from decisions of the zoning administrator, and boards and town commission to agencies of town government and the courts are set forth in various sections of this title. These appeals are permitted under the provisions of this section in the manner set forth below:
1. These appeals procedures shall apply to the decisions brought forth by the following:
a. Zoning administrator.
b. Planning board.
c. Zoning board of appeals.
d. Town commission.
2. Appeals from any agency shall follow the following order:
a. Zoning administrator to the zoning board of appeals.
b. Planning board to the town commission.
c. Town commission and zoning board of appeals to the courts.
B. Appeal Of Final Decision: Any aggrieved person may appeal the final decision of any agency to which this appeals procedure applies in the manner prescribed in this section.
C. Filing Notice Of Appeal:
1. An appeal must be filed with the zoning administrator within seven (7) calendar days of the final decision of the agency to which this appeal applies. Such appeal shall include the following:
a. The action of the agency which is the subject of appeal;
b. The date of such action;
c. The name, address, telephone number and relationship of the appellant to the subject of the action of the agency;
d. The grounds for the appeal, including specific allegations to be considered on appeal.
D. Notice Of Appeal: Notification of appeal procedures shall be included in the initial posting and notice of the proposal. Once a documented appeal has been filed, the property in question will be posted and a notice of the appeal hearing provided to the local newspaper of general circulation.
E. Scheduling Of Hearing: The dates, times and locations for hearing appeal(s) before the appropriate body(s) shall be included in the reposting of the property in question, and in the notice of the appeal hearing provided to the local newspaper of general circulation. All such hearings must be held within thirty (30) days of receiving the appeal.
F. Procedure Of Hearing:
1. At the hearing on the appeal, the steps enumerated below will be followed. Only arguments and evidence relevant to the grounds for the appeal shall be presented. The presentation of arguments on the merits of the appeal shall be made in the following order, subject to such limitations in time and scope as may be imposed at the direction of the presiding officer:
a. Explanation of the nature of the appeal and presentation by the zoning administrator;
b. Presentation of argument by the appellant and any person in support of the appellant;
c. Presentation of argument by any person who is an opponent of the appeal; and
d. Motion, discussion and vote by the appellate body.
2. No person making a presentation shall be subject to cross- examination, except that members of the appellate body and the town's legal counsel may inquire of such person for the purpose of eliciting information presented.
G. Actions Available To Appellate Body: The appellate body shall consider an appeal based upon the record on appeal and relevant provisions of this title. Only evidence relevant to the grounds for the appeal shall be heard. At the conclusion of such hearing, the appellate body shall uphold, overturn or modify the decision of the agency. Appeals will be granted upon finding that such order, requirement, decision or determination is erroneous or contrary to this title or of any amendment of this title. (Ord. 131, 3-14-2002)