Westport City Zoning Code

The board of adjustment shall have the authority to hear and decide appeals from any administrative decision or determination made by an officer in the administration or enforcement of this title, unless otherwise specifically provided. Appeals from administrative decisions may be filed by an aggrieved person, or by an officer, department, board or bureau of the city affected by the decision. Such appeals shall be filed in duplicate with the city clerk within 20 days of the date of the decision being appealed. For decisions pertaining to plats, appeals shall be in accordance with WMC § 14.02.040 and § 14.04.120. Appeals from open records hearings held by the planning commission shall be filed with the city council in accordance with WMC § 17.32.090. Appeals from decisions of the site plan review board shall be filed with the city council in accordance with WMC § 17.36B.110.

The city clerk shall schedule consideration of the appeal for the next regular meeting of the city council and shall send a copy of the appeal and a notice of the time and place of the meeting to the officer whose decision is being appealed, and notice of the meeting shall be sent to the adverse parties of record. Such officer shall forthwith transmit to the land use hearing examiner all of the records pertaining to the decision together with such additional written report as he deems pertinent. The land use hearing examiner shall hear evidence from all affected parties and shall render a decision on the appeal within 30 days of the initial meeting. The land use hearing examiner may, in conformity with this title, reverse or affirm, wholly or in part, or may modify the decision appealed from. If an administrative decision is reversed or modified the record shall show the findings and facts upon which the board made its determination. Notice of the decision shall be sent to the administrative officer and the applicant. The land use hearing examiner's decision shall be final unless within 10 days an appeal is filed in the superior court in which case the decision shall be stayed until the appeal is adjudicated or withdrawn.