§ 31-50. Appeal procedure.  


Latest version.
  • (a)

    An appeal to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the county or municipality affected by any decision of the zoning administrator. Such an appeal shall be taken within thirty (30) days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board 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 granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

    (b)

    Applications for appeals shall be made to the zoning administrator in accordance with rules adopted by the board. The application and accompanying maps, plans, or other information shall be transmitted promptly by the administrator:

    (1)

    To the secretary of the board of zoning appeals.

    (2)

    To the secretary of the planning commission, which may send a recommendation to the board or appear as a party at the hearing.

    (3)

    To any individual, official, department or agency concerned.

    (c)

    The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within sixty (60) days. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination of any administrative officer, or decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or effect any variance from this chapter. The board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the board and shall be public records. The chairman of the board or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses.