(A) Applicability. An appeal by any person aggrieved by a final order, interpretation or decision of the Planning Director or other administrator of this chapter in regard to the provisions of this chapter may be taken to the Board of Adjustment.
(B) Application requirements.
(1) An appeal of an administrative decision shall be taken by filing a written notice of appeal specifying the grounds for the appeal with the Planning Director and the Board of Adjustment.
(2) An application for appeal of an administrative decision shall be submitted in accordance with § 156.702.
(3) A notice of appeal of an administrative decision shall be considered filed when a complete application is delivered to the Planning Director. The date and time of filing shall be entered on the notice.
(C) Deadline for submission of application. An appeal of an administrative decision shall be filed with the Board of Adjustment within 30 days of receipt of the decision.
(D) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 156.702.
(E) Action by Planning Director. The Planning Director or designee shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(F) Action by Board of Adjustment.
(1) The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement, decision, or determination appealed from 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 of Adjustment shall have all the powers of the officer from whom the appeal is taken.
(2) A motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
(3) If a motion to reverse or modify is not made, or fails to receive the 4/5 of members eligible to vote then appeal shall be denied.
(4) Any motion to overturn a decision shall state the reasons or findings of fact that support the motion.
(G) Effect of appeal.
(1) An appeal shall stay all proceedings in furtherance of the action appealed, unless the administrative official from who the appeal is taken certifies to the Board of Adjustment that, because of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property or that because the violation is transitory in nature a stay would seriously interfere with the effective enforcement of this chapter. 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 administrative official.
(2) An appeal shall not stop action lawfully approved (including construction activities authorized by a building permit); only actions presumed in violation of this chapter are stayed.
(Ord. passed 6- -2019)