Andover Unified Development Manual

Part 2 — Unified Development Ordinance Zoning Regulations

City of Andover Unified Development Manual

B. A pplication. An application for an appeal must: 1. Be filed with the BZA Chairperson. 2. Specify the grounds for the appeal. 3. Include:

D. Decision. The BZA has all the powers of the Zoning Administrator when deciding an appeal. 1. The BZA may affirm, wholly or partly reverse, or modify the order, requirement, decision, or determination under appeal. a. The BZA may not attach any conditions to its decision that were not available to the Zoning Administrator in making the initial decision. 2. The BZA must render a written decision on the appeal in the form of a resolution. a. The resolution must be completed without unreasonable delay, but in all cases within 45 days after the close of the hearing. 3. The BZA may issue, or direct the issuance, of a zoning permit or occupancy certificate. E. Records. Public records of all BZA appeals decisions must be kept by the BZA Secretary, and filed with the Zoning Administrator without unreasonable delay.

a. Legal description of any property involved with the appeal. b. A list of all property owners of record in the notification area , as described in Section 11-103D of these Zoning Regulations. c. The filing fee. d. Additional information as may be required by the BZA. C. Halt Activities Under Appeal. 1. When an appeal is filed, all activities furthering the action under appeal must cease, until the BZA makes a decision on the appeal. a. Exception: If the Zoning Administrator certifies to the BZA that a halt to all such activities would result in a condition causing imminent peril to life or property, activities to eliminate the peril may proceed while the appeal is underway. 2. If an activity causing imminent peril to life or property is not corrected at the order of the Zoning Administrator, the Zoning Administrator may file a petition with a court of record for a restraining order to halt such activities.

Main TOC Zoning TOC Board of Zoning Appeals

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