To provide for the competent interpretation and the full and
equitable achievement of the purposes of this chapter, there is hereby
established a Board of Appeals.
The Board shall consist of three members. The terms of office
of the members shall be three years. Members shall be appointed by
the Mayor and Commissioners and shall be removable for cause upon
written charges and after public hearing. The Mayor and Commissioners
shall designate one alternate member for the Board who shall be empowered
to sit on the Board in the absence of any regular member of the Board.
Appeals to the Board may be taken by any person aggrieved or
by any officer, department, board or bureau of the Town affected by
any decisions of the Zoning Administrator.
Upon appeal from a decision by the Zoning Administrator, the
Board shall decide any question:
A. Where it is alleged there is error in any order, requirement, decision
or determination, including any order requiring an alleged violation
to stop, cease and desist, made by the Zoning Administrator in the
enforcement of this chapter; or
B. Involving the interpretation of any provisions of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
Upon transmittal to the Board of an application filed with the
Zoning Administrator for a special exception, variance or appeal from
alleged error of the Zoning Administrator, the Board shall fix a reasonable
time (not less than 30 days nor more than 45 days) from the transmittal
date for a public hearing thereon and give notice as follows:
A. At least 15 days prior to the date fixed for public hearing, publish
a notice containing the name of the applicant or appellant; the date,
time, and place fixed for the hearing; and a brief statement of the
special exception sought by the applicant, or the error alleged by
the appellant, or of the variance or other question which is subject
to appeal, in at least one newspaper of general circulation within
the Town.
B. Post, in a conspicuous place on the property involved, a notice of pending action containing the same information as in Subsection
A above, such posting to take place at least 15 days prior to the date fixed for the public hearing.
C. Give written notice of the time and place of such hearing sent by
registered mail to the applicant or appellant and to the owners of
record of property contiguous to or opposite the property affected.
A decision of the Board permitting the erection or alteration
of a building shall be valid for a period of one year, unless a zoning
permit for such erection or alteration is obtained within this period
and the erection or alteration proceeds to completion in accordance
with the terms of the decision. No decision of the Board permitting
the use of a building or land shall be valid for a period longer than
one year, unless such use is established within said period, except
that, where such use is dependent upon the erection or alteration
of a building, such order shall continue in force and effect if a
zoning permit for such erection or alteration is obtained within said
period and such erection or alteration proceeds to completion in accordance
with the terms of the decision.
Any person or persons jointly or severally aggrieved by any
decision of the Board or any taxpayer of the Town or any officer,
department, board or bureau of the Town may appeal the same to the
Circuit Court of Allegany County.