Subdividers Ordinance

11.06 APPEALS TO THE BOARD OF ADJUSTMENT Matters concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by any officer, department, board or bureau of the governing body of the town affected by any decision of the Administrative Officer. A. Such appeals must be taken within a reasonable time, not to exceed 30 days by filing a Notice of Appeal specifying the grounds thereof with the City Clerk. The Appellant must provide no less than ten (10) copies off their Notice of Appeal, including all supporting documents, and the filing fee, otherwise the Notice shall be rejected by the Clerk. The Clerk will then distribute copies of the appeal immediately to the Planning and Zoning Commission and the City Attorney and the Board of Adjustment. The Planning and Zoning Commission Administrative Officer must forthwith transmit to the Board of Adjustment the appeal and all paper constituting the record upon which the action appealed from was taken. B. The Planning and Zoning Commission Administrative Officer must fix a reasonable time not exceeding 30 days from the date the Notice of Appeal is received to set a request for hearing before the Board of Adjustment. At the hearing, any party may appear in person or by agent or attorney. The Board of Adjustment shall provide a decision within a reasonable amount of time, but not exceeding 32 days from the date of the hearing date of the appeal. The amount of time to provide decision may be extended if otherwise mutually agreed by the Board of Adjustment and the petitioner on appeal. C. An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with the Administrative Officer, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In this case, proceedings are not stayed other than by a restraining order that may be granted by the Board of Adjustment or by a court of record on application, on notice to the Administrative Officer from whom the appeal is taken and on due cause shown. 11.07 SPECIAL EXCEPTIONS APPLICATION PROCEDURES: A. The Board of Adjustment will hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this section, including the following: 1. To decide such questions as are involved in determining whether special exceptions should be granted; and 2. To grant special exceptions with such conditions and safeguards as are appropriate under this Ordinance, or 3. To deny special exceptions when not in harmony with the purpose and intent of this Ordinance. B. A special exception may not be granted by the Board of Adjustment unless and until the conditions are met as shown below: 1. There will be no more than 30 days between the time an application is filed with the P&Z and the date set for its consideration by the Board of Adjustments. A written application for a special exception is submitted to the City Clerk indicating the section of this Ordinance under which the special exception is sought and stating the grounds on which it is requested. The City Clerk must distribute the 149 Adopted November 14, 2007