How can I appeal the approval or denial of a zoning conditional use?
The Planning Commission’s decision to deny or to approve a conditional use is final unless appealed. The appeal is not made directly to the Assembly but to the Assembly sitting as the Board of Adjustment. An appeal must be submitted to the Municipal Clerk within 15 days of the Planning Commission’s action on a form provided by the Clerk. If the appeal is timely the Planning Department compiles a packet of information to include a staff analysis report, the conditional use application, etc. The appellant must arrange for preparation of a verbatim transcript of the Board’s meeting at his/her expense. When the packet is ready, the appellant has 7 days to pick up the packet and from pick up time, 15 days to prepare a written brief (report) indicating the allegations of error. The Planning Department then responds, in writing, to the brief. The appellant has 10 days to file a reply brief. The Board of Adjustment Hearing is not an “open” hearing. It is heard only on the record, which means t
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- How can I appeal the approval or denial of a zoning conditional use?
