A. 
An appeal to the Board of Appeals from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved or by an officer, board or bureau of the Town affected thereby. Such appeal shall be taken by filing with the officer from whose action the appeal is taken and with the Board of Appeals by filing with the Secretary thereof a notice of appeal, specifying the grounds therefor.
B. 
All applications and appeals made to the Board of Appeals shall be in writing on forms prescribed by the Code Enforcement Officer. Every application or appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
(1) 
The name and address of the applicant or appellant.
(2) 
The name and address of the owner of the district lot to be affected by such proposed change or appeal.
(3) 
A brief description and location of the district lot to be affected by such proposed change or appeal.
(4) 
A statement of the present zoning classification of the district lot in question, the improvements thereon and the present use thereof.
(5) 
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
A. 
The notice of appeal in any case where a permit has been granted or denied by the Code Enforcement Officer shall be filed within 60 days of the action (e.g., denial) by the administrative official. The Code Enforcement Officer shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken or in lieu thereof certified copies of said papers.
[Amended 10-3-1994 by L.L. No. 2-1994]
B. 
It shall be competent for the Code Enforcement Officer to recommend to the Board of Appeals a modification or reversal of his action in cases where he/she believes substantial justice requires the same but where he/she has not himself sufficient authority to grant the relief sought.
A. 
Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board of Appeals prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney.
B. 
Time of decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board of Appeals.
Unless otherwise specified by the Board of Appeals, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit or to comply with the conditions of said authorized permit within six months from the date of authorization thereof.
[Amended 10-3-1994 by L.L. No. 2-1994]
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Code Enforcement Officer certifies for the Board of Appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by the court of record on application, on notice to the Code Enforcement Officer and on due cause shown.
[Added 10-3-1994 by L.L. No. 2-1994]
A. 
Adjournment. Upon the day for hearing any application or appeal, the Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
B. 
Required interval for hearings on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal under the provisions of this chapter, denies the same, the Board of Appeals shall refuse to hold further hearings on said or a substantially similar application or appeal by the same applicant, his successor or assign for a period of one year, except and unless the Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Board of Appeals and adopted by the unanimous vote of the members present, but not less than a majority of all members.[1]
[1]
Former § 30.68, Fees, which immediately followed this subsection, was deleted 10-3-1994 by L.L. No. 2-1994. See now Ch. A157, Fees.