A. Appeals must be filed in the manner provided, and after payment of fees as prescribed by the tri-city planning board, within thirty days from the time the officer charged with enforcement of this title has made a written interpretation or determination of this title.

B. No part of any such fee shall be returnable after an appeal is filed and such fee paid, except upon petition by the appellant and approval of the zoning administrator.

C. The zoning administrator shall transmit any appeal with all supporting materials to the board of adjustment within five working days of the date of filing or within such longer period of time as may be agreed to by the zoning administrator and the applicant.

D. The zoning administrator shall fix a reasonable time for the hearing and give notice thereof to the parties of interest and the public by publishing notice in a newspaper of general circulation in the community at least fifteen days prior to such hearings.

E. Where an appeal concerns a particular piece of property, all property owners within one hundred fifty feet of the subject property shall be notified by mail at least fifteen days prior to the hearing. When the subject property abuts a public right-of-way, the one hundred fifty foot measurement shall be in addition to this right-of-way along the abutting side.

F. An appeal under the terms of this title stays all proceedings in the matter appealed unless the zoning administrator certifies to the board of adjustment hearing the application that, by reason of the facts stated in the certification, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the board hearing the appeal or by a court of record on application and notice to the zoning administrator from whom the appeal was taken and due cause shown.

G. Decisions of the board of adjustment shall be by motion. The basis for the decision on each appeal, and a detailed summary of the facts and basis supporting such determination shall be recorded in the decision and shall constitute a part of the record thereof.

H. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or to decide in favor of the applicant on any matter.

I. A hearing may be continued at the request of the applicant or upon motion of the board, provided however, that the granting of a continuance is a matter of grace, resting solely in the discretion of the board, and a refusal to continue is not a denial of a right, conditional or otherwise.

J. Decision on continuance of a hearing can be reached by a simple majority, but must be made prior to voting on the application itself.

K. Any person aggrieved by a decision of the board of adjustment may file an appeal with a court of competent jurisdiction within thirty days of the filing of the decision by the board. (Ord. 648 § 2(part), 2003; Ord. 523 § 1(part), 1989)