(A) Time. Any appeal from any decision of the town’s Plan Commission, or any administrative official of said Plan Commission, shall be filed with this Board within 30 days of the decision or ruling from which such appeal is desired to be taken.
(B) Filing. Any person or persons desiring to take an appeal from the ruling or decision of the Plan Commission or any administrative official thereof, shall file a notice of appeal in triplicate with the Town Clerk-Treasurer.
(C) Filing fee. Upon the filing of any notice of appeal herein, the party or parties making such appeal shall pay the sum of $10 to the Board of Zoning Appeals as a filing fee, which said sum shall not be returnable.
(D) Notice of appeal. Any party or parties desiring to take an appeal before the Board of Zoning Appeals shall give actual notice of such intention to the adverse party and/or other interested parties and shall present evidence of such notice to the Board at the time hearing is held on same.
(E) Bond. It is within the discretion of the Board of Zoning Appeals to require any party or parties seeking an appeal to post a good faith bond in any sum up to $100 if construction has been commenced pursuant to the ruling or decision of which said appeal is being taken. If such appellant does not post a good and satisfactory bond within ten days after being notified by the Board of Zoning Appeals of the amount of said bond, the appeal will be dismissed.
(F) Restraining order. If the appellant of the decision of an action of the Plan Commission or an official thereof should seek a restraining order to stay any work which has commenced or may be commenced pursuant to the order of said Plan Commission or official, a greater bond may be required upon the discretion of this Board.
(G) Notice of time and place of hearing. Public notice and due notice of the time and place of a hearing upon any appeal filed before this Board shall be considered given upon the posting of such information in a conspicuous place in the Town Hall at least ten days prior to such hearing date.
(H) Contents of petition. Any petition for appeal from a decision of the Plan Commission, or any official thereof, shall set forth clearly the contention of the appealing party, description of the relief they seek and shall include the following information: Name and address of appellant; name and address of all adverse parties; a verbatim recital of the proceedings of the Plan Commission or the order of any official thereof from which such appeal is taken; and, if the appeal is from the proceedings of the Plan Commission, it shall set forth in full the minutes of the Plan Commission as taken by the Secretary of said Plan Commission as they pertain to the ruling or decision being appealed.
(I) Procedure. The Board of Zoning Appeals reserves the right to conduct the hearings and proceedings on any appeal in any manner so long as such hearings and proceedings shall give ample opportunity for all interested parties to be heard and further reserves the right to promulgate any additional rules or regulations deemed necessary for the conduct of the duties of this Board.
(Ord. 22-1961, passed 12-5-1961)