(A) The Board may grant an appeal of any decision, interpretation, or determination made by the Planning Director, other Plan Commission staff members, or any other administrative official or board charged with the duty of enforcing and interpreting this chapter.
(B) The Board shall only grant an appeal of such an administrative decision based on a finding, in writing, that the decision of the administrative person or board was inconsistent with the provisions of this chapter.
(C) The approval of an administrative appeal may be terminated by the Board of Zoning Appeals under the following procedure:
(1) Upon determination by the Planning Director that possible grounds for termination exist, the matter shall be placed on the Board of Zoning Appeals agenda for a public hearing.
(2) At the public hearing the approval shall be terminated if a finding is made by the Board that the approval was the result of fraud or misrepresentation of facts.
(3) No administrative appeal may be reviewed by the Board of Zoning Appeals for the same cause more than once in any one -year period.
(D) If an administrative appeal is granted, the Board may refund any application fees which have been paid to the town by the applicant in petitioning for the appeal. In no way shall this provision be interpreted as providing the applicant with the ability to seek the refund of any other fees or costs associated with the appeal or the application which is the subject of the appeal.
(Ord. 2013-02, passed 3-11-13)