Appealing Zoning Permits

Please submit a DRB Application, selecting “Appeal” under Application Type.

Please be advised that in addition to submitting the Appeal Application to our office, you will also need to submit a $140.00 payment to the City (check payable to the City of Rutland) for the hearing.  Once we commence with warning the decision, you may be required to send certified mail to the abutting landowners, which we will provide more information at that time.  Since the application relates to an appeal of a decision by the Zoning Administrator, as the Zoning Administrator, they will be limited regarding the assistance they can provide to you in your preparation for an impending hearing.  This limitation is due to the fact that during the hearing the Zoning Administrator will be required to provide their rationale for why the permit was issued; therefore, providing assistance on why the permit should be reverse would be a conflict.

In accordance with 24 V.S.A. § 4466, please note that, as the Appellant (see 24 V.S.A. § 4465), you are required to answer, address, or comply with the following (which can be done in your narrative attached to the Application):

  1. The appeal SHALL be in writing;
  2. The Appellant’s (the appealing entity) name and address;
  3. Providing a description of the property with respect to which the appeal is taken;
  4. A reference to the regulatory provision applicable to the subject appeal;
  5. The relief you are request; and
  6. And the alleged grounds why the requested relief is believed proper under the circumstance.

Submitting supporting documentation on why the Zoning Administrator’s decision does/does not conform to the applicable regulations (depending on the circumstances), as well as outlining that rationale to the Board about why the decision does not conform to the regulations, can often lead to a successful appeal application.

Also note that the City is required to adhere to 24 V.S.A. Chapter 117, specifically, subchapter 11.  Once the Appeal Application is received, the Zoning Administrator will work with the Development Review Board on scheduling hearing.  Upon filing the notice of appeal, the municipality shall conduct the hearing within 60 days of receiving the notice (see 24 V.S.A. § 4468).  Appeal materials shall be submitted to the Building & Zoning Department during the 15-day appeal period.  Please submit the materials to the Office Coordinator, Michelle Delpha.  Since the Zoning Administrator is the Appellee, ensuring that the permit is received by the Office Coordinator and/or another representative in the Department is imperative.

For any questions, please contact:

Ed Bove
Planning Director
802-774-7833
ebove@rutlandcity.org

Luke Alexander
Zoning Administrator
802-774-7831
lalexander@rutlandcity.org

 

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