(A) Authority. The Board of Zoning Appeals shall be authorized to hear and decide appeals only on zoning-related matters where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of any of the zoning-related regulations of this chapter. The Board of Zoning Appeals shall have no authority to hear or decide appeals from administrative decision made pursuant to the subdivision regulations of §§ 153.300 through 153.315.
(B) Right to appeal. Appeals of administrative decisions on zoning-related matters may be filed by any officer, board, or bureau of the town or by any person with a substantial interest in a decision of an administrative official. Fees for the appeal are to be paid by the applicant.
(C) Application filing; timing. Applications for appeals of administrative decisions on zoning-related matters shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department. Appeals of administrative decision to grant or deny a zoning permit shall be filed within 30 calendar days of receiving notice of the action being appealed.
(D) Effect of filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Zoning Appeals, after the appeal is filed, that because of facts stated in the certification, a stay would cause immediate peril to life or 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.
(E) Record of administrative decision. The official whose decision is being appealed shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken.
(F) Public hearing notice. Newspaper notice and notice to parties in interest of the Board of Zoning Appeals’ public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code. The applicant shall be responsible for the cost of fees incurred as part of an appeal.
(G) Board of Zoning Appeals review and action.
(1) The Board of Zoning Appeals shall hold at least one public hearing on the appeal and, within a reasonable time following the close of the public hearing, take final action based on the procedures and requirements of this section.
(2) In exercising the appeal power, the Board of Zoning Appeals shall have all the powers of the official from whom the appeal is taken, and the Board of Zoning Appeals may reverse or affirm, wholly or in part, or may modify the decision being appealed.
(3) If the Board of Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken. With directions to obtain such evidence and to reconsider the decision in light of such evidence and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct issuance of a permit. The Board of Zoning Appeals in execution of the duties specified in this subchapter may subpoena witnesses and in case of contempt may certify this fact to the Circuit Court having jurisdiction.
(4) A quorum of the Board of Zoning Appeals shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Board of Zoning Appeals. A simple majority of the members present and voting shall be required to reverse any order, requirement, decision, or determination of any administrative office or agency.
(H) Approval criteria; findings of fact. An appeal shall be sustained only if the Board of Zoning Appeals finds that the administrative official erred. The decision of the Board of Zoning Appeals shall be accompanied by specific, written findings of fact and conclusions of law clearly stating the reason (s) for the decision. Those written findings shall be delivered to parties in interest by certified mail, published once in a newspaper of general circulation in the town, and permanently filed in the Planning/Zoning Department.
(I) Appeals. Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of the town. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
(Ord. 2012-06, § 3.13, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)