There is created a Board of Appeals for the Town of Indian Head to hear and decide matters in addition to those within the jurisdiction of the Board of Appeals provided for Chapter
440, Zoning, of the Code of the Town of Indian Head. The Board created by this section shall have the same membership as the Board appointed pursuant to §
440-306 of Chapter
440, Zoning.
The Board of Appeals shall have such jurisdiction and authority
as may be granted to it from time to time by the Town Council by ordinance.
Unless otherwise specified in an ordinance of the Town Council
granting specific jurisdiction and authority to the Board:
A. An appeal from any final order or decision of a Town administrative
official may be taken to the Board of Appeals by a person aggrieved
by that decision by filing a written notice of appeal with the Town
Manager not later than 10 days from the date of the final order or
decision being appealed, unless a different filing period is allowed
in other chapters of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B. An appeal stays the effect of the final order or decision appealed
from unless the administrative official certifies, in writing, to
the Board that, for reasons stated in the certification, a stay would
cause imminent peril to life or property. In that case, the order
or decision is not stayed except by order of the Board of Appeals
or a court, issued on application of the party seeking the stay, for
due cause and after notice to, and opportunity to be heard by, the
administrative official.
The Board of Appeals may adopt rules as it deems necessary to govern its operations and the conduct of its proceedings. These rules may be the same rules as the Board may adopt pursuant to Chapter
440, Zoning.
All appeals shall be considered by the Board of Appeals on the
record of proceedings before the administrative official whose final
order or decision has been appealed. Promptly after the filing of
the appeal, the administrative official shall transmit the complete
record of the matter to the Board.
All decisions and findings of the Board of Appeals are final
administrative decisions and are subject to judicial review as may
be authorized by law.
Except as otherwise provided by law, the Board of Appeals shall
provide public notice of its hearings by publication in one newspaper
of general circulation in the Town not less than 15 days prior to
the date fixed for the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Except where another amount is specified by ordinance of the
Town Council or other law, any appeal from an administrative decision
to the Board of Appeals shall be subject to and accompanied by an
application fee of $150. One-half of any application fee paid pursuant
to this section shall be refunded if, at the conclusion of the proceedings
before the Board of Appeals and any subsequent judicial appellate
proceedings related to the proceedings before the Board, the relief
sought by the appellant before the Board is granted, and provided
that the appellant has made application to the Town's Finance Officer
within 60 days following the filing of the final decision.