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MapLink™ | Procedures | Administrative Appeal

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Administrative Appeal
Description An administrative appeal is a legal process in which a property owner or a concerned party challenges an administrative decision the zoning administrator made as authorized by the Town's zoning regulations. By their very nature, administrative decisions are purely ministerial, meaning the administrator applies the existing regulations with very little room for discretion. Therefore, an appeal generally alleges that the administrator misapplied the wrong code requirements or reached a decision contrary to the code requirements.
 
The Board of Adjustment conducts a public hearing to review the administrator’s decision and to listen to arguments from both parties, review evidence, and make a decision. The board may uphold the original decision, modify it, or reverse it entirely. Because a decision can be overturned, the administrative appeal application must be submitted soon after the decision being appealed was made. During the review period, the administrative decision is put on hold.
 
The administrative appeals process is an important tool for ensuring that administrative decisions are fair, transparent, and in compliance with applicable laws and regulations.

Decisionmaker Board of Adjustment makes the final decision

Appeals The Board's decision can be appealed to the circuit court.
Application Fee
$250.00
Submittal Deadline
Application submittals and resubmittals may be submitted through the Online Application Portal (i.e. Citizen Self-Service Portal) any time during the week until 5 p.m. on Thursday. Any application submitted after 5 p.m. on Thursday will be placed on the next week's submittal list. Only the applications received by 5 p.m. on Thursday that include all required materials will proceed through the review process.
Frequently Asked Questions
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About Reviewers
The following are involved in the review of this type of application.

The Board of Adjustment is comprised of five regular members with two alternates and hears and determines appeals of administrative decisions, petitions for variances, and other matters as may be required by the Town Council or by law.

Planning staff provides technical support to the Town Council, Planning & Zoning Commission, Board of Adjustment, developers, neighbors, and other interested parties to facilitate the development review process.