The Board of Adjustment shall have authority to hear and decide
appeals from any order, decision, requirement or refusal of the Land
Use Administrator or the Building Inspector based on or made in the
enforcement of this chapter or the Official Map, and to that end it
shall have all of the same powers and be subject to all of the same
standards and limitations as said administrative officers with respect
to any order, decision, requirement or refusal being appealed.
An appeal to the Board of Adjustment may be taken by any interested
party affected by any order, decision, requirement or refusal of the
Land Use Administrator or the Building Inspector based on or made
in the enforcement of this chapter or the Official Map.
A.
Notice of appeal. Appeals to the Board of Adjustment pursuant to this article shall be taken within 65 days following the order, decision, requirement or refusal being appealed by filing with the Land Use Administrator, in such number of duplicate copies as he may from time to time require, a notice of appeal specifying the grounds therefor. In any case where the appeal is from an order, decision, requirement or refusal of the Building Inspector, a copy of said notice shall also be filed with him. Nonrefundable application and hearing fees, as established by Part I, Article III, of this chapter, to help defray administrative costs and costs of a hearing shall accompany the notice of appeal. The Land Use Administrator shall forthwith assemble and transmit to the Board of Adjustment a copy of the notice of appeal and all papers constituting the record upon which the action appealed from was taken.
B.
Stay of proceeding. An appeal to the Board of Adjustment shall stay
all proceedings in furtherance of the action in respect to which the
appealed order, decision, requirement or refusal was made, unless
the Land Use Administrator or the Building Inspector, as the case
may be, certifies to the Board of Adjustment, 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 such case, proceedings shall not be stayed other
than by an order of the Superior Court upon notice to the Land Use
Administrator and, in cases in which he is involved, to the Building
Inspector and on due cause shown.
D.
Action by Board of Adjustment.
(1)
Within 120 days following the filing of a notice of appeal, the Board of Adjustment shall render its decision on the appeal in the manner and form specified in § 163-33 of this chapter. Such decision may reverse or affirm, in whole or in part, or may modify the appealed order, decision, requirement or refusal.
(2)
The failure of the Board of Adjustment to render a decision within the aforesaid 120 days or such longer period of time as may be agreed to by the applicant shall constitute a decision favorable to the applicant. Within 10 days following such decision or the expiration of such period without a decision, the Land Use Administrator shall publish notice and mail a certificate of such decision or failure to act to all parties entitled thereto as provided in § 163-200 of this chapter.
In any case where the notice of appeal is accompanied by an applicator, for variance, in accordance with Part 5, Article XXVIII, of this chapter, the Board of Adjustment shall have the authority to grant, as part of the relief, a variance, but only in strict compliance with each provision of said Article.
In any case where this chapter imposes or permits the imposition
of conditions and limitations upon any right, any such right granted
by the Board of Adjustment on appeal shall be subject to such conditions
and limitations, and the Board of Adjustment shall have the right
to impose such conditions and limitations in the same manner and to
the same extent as if such right were secured without the necessity
of appeal.
