§ 32-4-281. APPEAL TO THE BOARD OF APPEALS.

(a)

"Person aggrieved or feeling aggrieved" defined. In this section, "person aggrieved or feeling aggrieved" includes a duly constituted civic, improvement, or community association if the property that is the subject of the Development Plan is:

(1)

Located within the association's geographic limits, which are determined as follows:

(i)

If the association is incorporated, by any geographic description contained in the association's corporate articles, bylaws, charter, or similar document;

(ii)

If the association is not incorporated, by any metes and boundaries description for the association contained in any zoning map, plat, or similar document on file at the Department of Permits, Approvals and Inspections, the land records office of the county, or at some other county governmental agency or department; or

(iii)

If the association is not incorporated and no description exists, by any street, road, or thoroughfare description for the association contained in any zoning map, plat, or similar document on file in the Department of Permits, Approvals and Inspections, the land records office of the county, or at some other county governmental agency or department; and

(2)

(i)

Of such a nature and kind as to be within the association's discernible and assessable tax base if such exists;

(ii)

Of such a nature as to personally and specifically affect, damage, or impact the members of the association in a way different from that suffered by the members of any other associations or in a way different from a general interest such as is the concern shared by the public in general; or

(iii)

Of such a nature or type as to give the members of the association a valid and discernible property interest in the property that is the subject of the Development Plan.

(b)

In general.

(1)

A person aggrieved or feeling aggrieved by final action on a Development Plan may file a notice of appeal with the Board of Appeals and the Department of Permits, Approvals and Inspections within 30 days after the date of the final decision of the Hearing Officer.

(2)

Within 10 days after filing the notice of appeal, the person appealing shall file a petition setting forth, with reasonable particularity:

(i)

The grounds for the appeal, including the error committed by the Hearing Officer in taking the final action;

(ii)

The relief sought; and

(iii)

The reasons why the final action appealed from should be reversed or remanded.

(3)

(i)

The person appealing shall file a copy of the petition with the Department of Permits, Approvals and Inspections and the Hearing Officer.

(ii)

Failure to file the petition with the Department of Permits, Approvals and Inspections and the Hearing Officer is grounds for dismissal of the appeal.

(c)

Hearing procedures. The Board of Appeals shall hear the appeals in accordance with the rules of procedure adopted by the Board of Appeals.

(d)

Conduct of hearings.

(1)

The Board of Appeals shall conduct a proceeding under this section by:

(i)

Hearing oral argument of the parties; and

(ii)

Receiving written briefs, if requested by any party to the proceeding.

(2)

At the Board's discretion, additional evidence and testimony may be allowed.

(e)

Actions by Board of Appeals.

(1)

In a proceeding under this section, the Board of Appeals may:

(i)

Remand the case to the Hearing Officer;

(ii)

Affirm the decision of the Hearing Officer; or

(iii)

Reverse or modify the decision of the Hearing Officer if the decision:

1.

Exceeds the statutory authority or jurisdiction of the Hearing Officer;

2.

Results from an unlawful procedure;

3.

Is affected by any other error of law;

4.

Is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or

5.

Is arbitrary or capricious.

(2)

Notwithstanding any provisions to the contrary, if the Hearing Officer fails to comply with the requirements of § 32-4-229(a) of this subtitle and an appeal is filed under § 32-4-229(a) of this subtitle, the Board of Appeals may impose original conditions as are otherwise set out in § 32-4-229(c) and (d) of this subtitle.

(f)

Restriction on issuing permits and recording plats during appeal.

(1)

While an appeal is pending before the Board of Appeals, a permit may not be issued and a plat may not be recorded in connection with a Development Plan that is the subject of the appeal.

(2)

If the order of the Board of Appeals is appealed, the appellant may request that the court stay the issuance of a permit or the recordation of a plat pending the decision.

(g)

Deadline for beginning and concluding hearings.

(1)

The Board of Appeals hearing shall take place no less than 45 days and no more than 60 days after the date of appeal.

(2)

The Board of Appeals shall:

(i)

Conclude a continuation of a hearing within 30 days after the first hearing date; and

(ii)

Issue the board's order within 15 days after the conclusion of the hearing.

(1988 Code, § 26-209) (Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 79-01, § 2, 7-1-2004; Bill No. 75-03, §§ 22, 23, 24, 7-1-2004; Bill No. 69-05, § 1, 7-18-2005; Bill No. 122-10, §§ 12, 30, 1-16-2011)