§ 1449-15. Procedures for Appeals from Decisions of the Zoning Hearing Examiner or Historic Conservation Board.

The following procedures apply to appeals to the Zoning Board of Appeals from decisions of the Zoning Hearing Examiner or Historic Conservation Board:

(a)

Application . The application procedure for appeals is as follows:

(1)

A person with standing as specified in § 1449-09, Appeals to the Zoning Board of Appeals, must file a notice of appeal on forms prepared and supplied by the staff for the Board.

(2)

All appeals must be accompanied by materials specified on the application form.

(b)

Transcript . Within 21 days of the filing of the notice of appeal, the appellant has the duty to cause a complete record of the proceedings, including a transcript of all testimony, pertaining to the decision being appealed to be filed with the staff for the board at the appellant's cost.

(c)

Remand . The board may remand a matter to the examiner in order to cure a deficiency in the record or the proceedings below.

(d)

Hearing . The appellant and any person who expressed a position in writing or testified in opposition below have an opportunity personally or through counsel to present arguments based on the evidence in the record. No other person has a right to be heard. The board is confined to consideration of the record and arguments based on the record as filed unless it appears on the face of the record or by affidavit filed by person affected that:

(1)

The record does not contain a report of all evidence admitted or proffered below.

(2)

The testimony adduced was not given under oath.

(3)

The appellant or other person affected was not permitted to be heard in person or by counsel in opposition to the order appealed:

(A)

To present the position, arguments and contentions of the appellant or other person affected.

(B)

To offer and examine witnesses and present evidence in support thereof.

(C)

To cross-examine witnesses purporting to refute the position, arguments and contentions of the appellant or other person affected.

(D)

To offer evidence to refute evidence and testimony offered in opposition to the position arguments and contentions of the appellant or other person affected.

(E)

To proffer any such evidence into the record, if the admission thereof was denied by the examiner.

The board may remand a matter to the examiner in order to cure any such deficiency or enter such other order as justice may require. Otherwise, the board may not receive any additional testimony or evidence.

(e)

Decision . The board has the duty to enter a decision in accordance with § 1449-17, Decision.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 83, eff. July 1, 2015)