§ 4.2. Organization and proceedings.

4.2.1.

Rules of procedure. The board shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The board shall choose its chairman and, in his absence, an acting chairman.

4.2.2.

Meetings. Meetings shall be held at the call of the chairman and at such times as the board may determine. All meetings by the board shall be open to the public.

4.2.3.

Records. Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the town clerk and shall be made available to the general public. The town clerk shall act as secretary to the board, and all records of the board's action shall be taken and recorded under his direction.

4.2.4.

Fees. The town council shall establish by resolution a schedule of fees, charges, and expenses, and a collection procedure for appeals, special exceptions, variances, and other matters coming before the board. No appeal shall be granted nor any special exception or variance issued unless the prescribed fees, charges, or expenses have been paid in full, nor shall any action be taken on such proceedings before the board unless the prescribed fees, charges, or expenses have been paid in full.

4.2.5.

Counsel. The town attorney shall act as legal counsel for the board and shall be present at meetings upon request by the board.

4.2.6.

Hearings. When a notice of appeal specifying the grounds hereof has been filed in proper form with the board, the secretary shall immediately place the said request for appeal on the calendar for hearing, and shall cause notices stating the time, place, and object of hearing to be served personally or by mail addressed to the parties making the request for appeal, at least five days prior to the date of the scheduled hearing. All notices shall be sent to the address stated on the application form. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. The board may recess such hearing from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment of the board hearing, no further notice shall be required.

4.2.7.

Decisions. The board shall return a decision upon each case within 120 days after a request or appeal has been filed, unless a further time is agreed upon in writing with the parties concerned.

4.2.8.

Majority vote. The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrator or to decide in favor of the applicant on any matter upon which they are required to pass under this ordinance or to effect any variation in this ordinance.

4.2.9.

Hearing or meeting notices. The meeting time and place shall be posted on the town bulletin board and such other legal notice and advertisement as required by law shall be given. Cost of publications shall be borne by the applicants.

4.2.10.

Judicial review. Anyone aggrieved by a decision of the board may file a petition for writ of certiorari to the circuit court within 30 days of the rendition of the decision.

(Ord. No. 42, § 1, 10-5-1978; Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)