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MapLink™ | Procedures | 3.6.4 Appeals to the Zoning Board of Adjustment

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3.6.4 Appeals to the Zoning Board of Adjustment
A. The appellant must file with the Board and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The appeal must be filed within twenty (20) calendar days after the decision has been rendered.

B. Upon receiving the notice, the official from whom the appeal is taken shall transmit to the Board all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing that the facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the official, if due cause is shown.

C. The Board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney.

D. The Board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the sixtieth (60th) calendar day after the date the appeal is filed.

E. The Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

F. A member of the City Council may not bring an appeal under this section. A person aggrieved by a decision made by an administrative official, or any officer, department, board, or bureau of the municipality affected by the decision may appeal.

G. Finality of decision; judicial review.
1. The decision of the Board shall be final. However, any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the Board is illegal in whole or in part and specifying the grounds of the illegality:
(i) A person aggrieved by the decision;
(ii) A taxpayer; or
(iii) An officer, department, or board of the City;
2. The petition must be presented within ten (10) days after the date the decision is filed in the Board's office. Subject to the provisions of TLGC Section 211.011, only a court of record may reverse, affirm, or modify a decision of the Zoning Board of Adjustment.