Skip to main content
Loading…
This section is included in your selections.

1. An appeal stays all proceedings in furtherance of the action appealed from unless the land use authority certifies to the appeal authority, after the Appeal Application shall have been filed with the land use authority, that by reason of facts stated in the application, a stay would, in the land use authority’s opinion, cause imminent peril to life or property.

2. An appeal authority;

a. Shall;

i. Act in a quasi-judicial manner; and

ii. Serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and

b. May not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.

3. The appeal authority shall determine the correctness of a decision of the land use authority in its interpretation and application of a land use ordinance. IN exercising its powers, if the appeal authority finds that the land use authority erred in its interpretation and application of a land use ordinance, the appeal authority may reverse or affirm, wholly or partly, or may modify the order, requirement, decision of determination and may make such order, requirement, decision or determination as acceptable to the appeal authority.

4. The concurring vote of the majority of the appeal authority shall be necessary to reverse any order, requirement, decision or determination of the land use authority, or to decide in favor of the appellant on any matter. Failure of an appeal authority to arrive at a majority vote on an appeal shall constitute a denial of the appeal application.