Administrative Appeals

Overview
The Board of Adjustment has the power to hear and decide an appeal where it is alleged there is an error in any order, requirement, decision, or determination made by any administrative official in the enforcement of the Zoning Ordinance.

Appeals Process
An appeal shall be taken within 10 days from the determination which resulted in the complaint. Notice of appeal, specifying the grounds, must be filed in writing with the administrative official. Upon receiving a notice of appeal, the administrative official must provide the Board of Adjustment copies of all papers constituting the record of said matter. Upon receipt of the record, the appeal will be set for public hearing.

The board shall hold the public meeting and may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed. The board may make such order, requirement, decision, or determination as necessary. The board has all the powers of the Building Inspector from whom the appeal is taken. A concurring vote of 3 members of the board is necessary to reverse any order, requirement, decision, or determination of the administrative official.

Notice of an Appeal
Notice of an appeal given to the board stays all proceedings on the action appealed unless the administrative official from whom the appeal is taken certifies that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the Board on due and sufficient cause shown.