[Added 10-12-2004 by Bill No. 2004-24]
The Board of Zoning Appeals is granted the authority to hear and decide appeals from the decision of the Director of Planning regarding the calculation of the amount of the building excise tax under Chapter
144 of the Dorchester County Code.
The Board shall fix a reasonable time for the hearing of appeals and applications, consistent with its rules of practice and procedure. Public notice shall be given by the Board of all hearings relating to zoning matters in accordance with the procedures set forth in §
155-6 of this chapter.
A calendar of the Board showing the times and
dates of hearings relating to zoning matters shall be maintained and
posted in a conspicuous location in the office of the Director of
Planning. The Board shall assure that a current copy of the calendar
is provided to the Planning Commission.
Before deciding any application for special
exception or variance, the Board of Appeals shall seek the advice
and recommendation of the Planning Commission in reference to such
applications. The advice of the Planning Commission shall not be binding
upon the Board of Appeals. The Board may request from the Planning
Commission such technical service, data or factual evidence as will
further assist the Board in reaching decisions, and any such information
forwarded by the Planning Commission shall be incorporated into the
record, and it shall also be made available to the applicant, should
he so desire.
An appeal that is filed with the Board of Appeals
stays all actions by the Director seeking enforcement of or compliance
with the order or decision appealed from, unless the Director certifies
to the Board of Appeals that (because of facts stated in the certificate),
in his opinion, such stay will cause imminent peril to life or property.
In that case, proceedings shall not be stayed except by order of the
Board of Appeals or a court-issued application of the party seeking
the stay, for due cause shown, after notice to the Director.