The Zoning Board of Appeals (ZBA) is authorized to hear and
decide appeals where it is alleged there has been an error in any
order, requirement, decision or determination made by the Code Enforcement
Officer or any other administrative official in the administration,
interpretation or enforcement of this Zoning Ordinance.
Appeals of administrative decisions may be filed by any person
aggrieved by the Code Enforcement Officer or other administrative
official's decision or action. The ZBA is authorized to make determinations
about whether individuals filing appeals are aggrieved by the decision
or action.
The filing of a complete notice of appeal stays all proceedings
in furtherance of the action appealed, unless the Code Enforcement
Officer certifies to the ZBA, after the appeal is filed, that, because
of facts stated in the certification, a stay would cause immediate
peril to life or property.
Upon receipt of a complete application of appeal, the Code Enforcement
Officer or other administrative official whose decision is being appealed
must transmit to the ZBA all papers constituting the record upon which
the action appealed is taken.
Notice of required public hearings on appeals must be provided as required by the governing body and by state law. (See § 300-60.3C for additional information on public hearing notices.)
A.
The ZBA must hold a public hearing on the appeal.
B.
Following the close of the hearing, at the same or subsequent meeting,
the ZBA must take action on the appeal.
C.
In exercising the appeal power, the ZBA has all the powers of the
official from whom the appeal is taken, and the ZBA may reverse the
appeal or affirm the appeal, in whole or in part, or modify the decision
being appealed.
D.
In acting on the appeal the ZBA must grant to the official's decision
a presumption of correctness, placing the burden of persuasion of
error on the appellant.
