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absent or failing to vote, an indication of such fact; and final disposition of appeals shall be taken, all of which shall be of public record.
Section 103. APPEALS, HEARINGS, AND NOTICE
An appeal from the decision of the Zoning Enforcement Officer may be taken to the Board of Adjustment. Such appeal shall be taken within forty-five (45) days by filing with the Board of Adjustment a notice of appeal specifying the grounds thereof. Each appeal to the Board of Adjustment shall be accompanied by a fee of thirty dollar ($30.00) which shall be charged for processing said appeal. The Zoning Enforcement Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall have thirty (30) days within which to hear the appeal. A public hearing shall be heard by the Board before any decisions rendered. A notice of such public hearing shall be given at least five (5) days in a newspaper of general circulation in the Town of Lilesville. said notice to be published not less than five (5) days prior to the date established for such public hearing.
Furthermore, due notice shall be given to the parties in interest. At the hearing, any party may appear in person or represented by an agent or attorney. The Board of Adjustment shall render a decision within thirty (30) days after the date of public hearing.
Any petition for an appeal may be withdrawn at any time at the discretion of the person initiating such a request, upon written notice to the Zoning Enforcement Officer.
Section 104. STAY OF PROCEEDINGS
An appeal stays all legal proceedings in furtherance of the action appealed trom, unless the Zoning Enforcement Officer certifies to the Board of Adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning Enforcement Officer, and on due cause shown.
Section 105. POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT
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The Board of Adjustment shall have the following powers and duties: | |
105.1 | Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Enforcement Officer in the enforcement of this ordinance. |
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