§ 74-24. Administrative procedures.

(a)

Public hearing. Any case involving an appeal or variance requires a public hearing to be held by the board of adjustment, and any case involving a change of zoning district classification or other zoning chapter changes requires a public hearing to be held by the board of commissioners. The board shall fix a reasonable time for the hearing and give public notice as required by law as well as due notice to the parties in interest. At the hearing, any person or party may appear in person or by agent or attorney. The board shall take action on a matter within a reasonable time after the termination of the proceedings.

(b)

Appeals. Appeals may be taken to the board of adjustment by any person aggrieved, or by any officer, department, or board of the town affected by any quasi-judicial or administrative decision of the planning board. Appeals may be taken to the board of adjustment by any person aggrieved, or by an officer, department, or board of the town affected by any decision of an administrative official charged with the enforcement or interpretation of this chapter thought to be in error. Appeals shall be filed in accordance with the procedures set forth in section 74-25. The board of adjustment may, after a public hearing, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or in part, or may modify any order, requirements, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

(c)

Fees. Each applicant for an appeal from an administrative decision, for a variance or with a request for rezoning or other change in this chapter shall pay a nonrefundable fee, in an amount according to a schedule adopted by the board of commissioners, to the town to cover the costs of advertising and administration. A receipt for this fee shall be issued by the town. This fee, however, shall not apply to requests originating with any department, board, or agency of the town. The board of adjustment fee shall be set periodically by the board of commissioners via the town's fee schedule.

(Code 2001, § 21-3(f); Ord. No. 1989-9, 3-14-1989; Ord. No. 1992-1, 12-8-1992; Ord. No. 2014-02, 2-13-2014; Ord. No. 2014-04, 3-13-2014; Ord. No. 2016-16, Art. II, b., 12-7-2016)