§ 21.30.030. Perfection of appeal; notice of appeal; appeal fee.

A.

An appeal to the board of adjustment:

1.

Initiated under section 21.30.020A. must be perfected by the applicant, or any person adversely affected by the lower administrative body's decision, no later than 20 days after the date the written findings of fact and decision of the administrative body from which the appeal is taken is approved, on the record, and becomes a final, appealable decision pursuant to regulation 21.10.304D., 21.11.304D., or 21.13.340D., as applicable. The appeal is perfected by the filing of a notice of appeal, appeal fee and cost bond in accordance with this section.

2.

Initiated under section 21.30.020.B must be initiated as provided in that subsection no later than the second regular meeting of the planning and zoning commission after the decision from which the appeal is taken. The planning and zoning commission at any time may waive appeal of a decision under section 21.30.020.B.

B.

The notice of appeal must be filed with the municipal clerk on a form prescribed by the municipality and must contain detailed and specific allegations of error. If the appellant is not the applicant for a site plan, conditional use or subdivision, the appellant shall, within three days after filing the notice of appeal, serve a copy of the notice of appeal on the applicant by certified mail to the applicant's last known address. Proof the notice was served shall be provided to the municipal clerk.

C.

The appellant shall pay an appeal fee as provided in a fee schedule to be approved by the assembly. In addition, the appellant shall file a cost bond equal to the estimated cost of preparation of the record. Following completion of the record, the actual cost thereof shall be paid by the appellant. All costs and fees shall be returned to the appellant if the decision of the lower body is reversed in whole or in part.

(AO No. 73-76; AO No. 79-196; AO No. 84-70; AO No. 85-72; AO No. 86-155; AO No. 94-55, § 4, 5-3-94; AO No. 2004-126S as amended, 12-7-04, § 3; AO No. 2005-14, § 1, 2-15-05)