Sec. 36-184. General requirements for quasi-judicial hearings and decisions.
A quasi-judicial decision is a process that involves the finding of facts regarding a specific application of an ordinance and the exercise of discretion when applying the standards of the ordinance. Quasi-judicial decisions include decisions involving variances, special use permits, and appeals of administrative determinations.
      (1)   Procedure for filing appeals and applications. Notices of appeal shall be filed with the town clerk. Applications for special use permits and applications for variances shall be filed with the zoning administrator and processed in accordance with these regulations. All appeals and applications shall be made upon the form specified for that purpose, and all information required on the form shall be complete before an appeal or application shall be considered as having been filed.
      (2)   Notice of hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal or application is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; to the owners of all parcels of land within 100 feet of the land (as determined by GIS) that is the subject of the hearing; and to any other persons entitled to receive notice as provided by these regulations. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right- of-way. In addition, notice of a hearing on an application for a special use permit shall be posted at town hall and published in a newspaper having general circulation in the town within that same time period.
      (3)   Hearings. The board shall conduct a quasi-judicial hearing on the appeal or application. It shall determine contested facts and make its decision within 45 days of the conclusion of hearing. The board's decision shall be based upon competent, material, and substantial evidence in the record of the hearing. During the hearing, parties will be to participate fully in the evidentiary hearing, including presenting evidence, cross-examining witnesses, objecting to evidence, and making legal arguments; may allow non-parties to present competent, material, and substantial evidence that is not repetitive. The decision shall be reduced to writing and reflect the board's determination of contested facts, if any, and their application to applicable standards. The evidentiary hearing will be the applicant's opportunity to gather and present competent material and substantial evidence to establish the facts of the case. The hearing will have testimony under oath from the applicant's parties and will establish written findings of fact and conclusions of law. The written decision shall be signed by the chair or other duly authorized member of the board. The decision of the board shall be effective upon filingsuch decision with the clerk to the board. The clerk shall see that the decision is delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, any entity granted party status at the hearing, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective and shall certify that proper notice has been made.
      (4)   Expiration of authorizations. Unless otherwise specified, any order or decision of the board in granting a variance or a special use permit shall expire if a certificate of zoning compliance for such use is not obtained by the applicant within six months from the date of the decision.
(Code 1989, § 92.086; Ord. of 10-8-2013; Ord. of 5-12-2015; Ord. No. 21-05-11, 5-11-2021)