§1015. Appeals to board of adjustment

Link to law: http://legislature.vermont.gov/statutes/section/05/017/01015
Published: 2015

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The Vermont Statutes Online



Aeronautics and Surface Transportation Generally






1015. Appeals to board of adjustment

(a) A person

aggrieved, or taxpayer affected, by any decision of an administrative agency

made in its administration of airport zoning regulations adopted under this

chapter, or any governing body of a political subdivision, or any joint airport

zoning board, which is of the opinion that a decision of the administrative

agency is an improper application of airport zoning regulations of concern to

the governing body or board, may appeal to the board of adjustment authorized

to hear and decide appeals from the decisions of the administrative agency.

(b) An appeal

taken under this section shall be taken within a reasonable time, as provided

by the rules of the board, by filing with the agency from which the appeal is

taken and with the board a notice of appeal specifying the grounds. The agency

from which the appeal is taken shall transmit to the board all the papers

constituting the record upon which the action appealed from was taken.

(c) An appeal

shall stay all proceedings in furtherance of the action appealed from, unless

the agency from which the appeal is taken certifies to the board, after the

notice of appeal has been filed with it, that by reason of the facts stated in

the certificate a stay in its opinion would cause imminent peril to life or

property. In such cases, proceedings shall not be stayed otherwise than by

order of the board on notice to the agency from which the appeal is taken and

on due cause shown.

(d) The board

shall fix a reasonable time for the hearing of appeals, give public notice and

notice to the parties in interest, and render a decision within a reasonable

time. Upon the hearing, any party may appear in person, by agent, or by


(e) In

conformity with the provisions of this chapter, the board may reverse or

affirm, wholly or partly, or modify the order, requirement, decision, or

determination appealed from and make such order, requirement, decision, or

determination as required, and to that end shall have all the powers of the administrative

agency from which the appeal is taken. (Added 1985, No. 222 (Adj. Sess.), § 2.)