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Appeals to the Zoning Board of Appeals may be submitted by any person, firm or corporation, or by any of officer, board or department of the Municipality, deeming himself or itself to be adversely affected by the decision of the Zoning Administrator, or by any administrative officer deciding matters relating to this Code.
(a) Initiation of Appeal. Notice of appeal shall be filed with the Zoning Administrator within 30 calendar days after the date of any adverse order, requirement, decision, or determination, except when the 30th day falls on Saturday, Sunday, or a holiday, then the 30th day shall be deemed to be the next day of business thereafter. Such written notice of appeal shall specify therein the grounds and reasons for the appeal.
(b) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator shall certify to the Zoning Board of Appeals, after the notice of the appeal has been filed, that by reason of facts stated in the permit, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.
(c) Public Hearing by the Board. When a notice of appeal has been filed in proper form with the Zoning Board of Appeals, the Zoning Administrator shall immediately place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by mail, addressed to the parties making the request for appeal, variances, or exception at least ten days prior to the date of the scheduled hearing. All notices shall be sent to the addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than ten days prior to the date set for such hearing or appeal, written notice of such hearing shall be caused by the Board to be given by mail to any person, firm or corporation owning premises located within 300 feet of the land to which such appeal or application relates. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney. The appellant, except the Municipality, shall post security for the cost of all action required for the hearing of the appeal.
(d) Decision of the Board. Within its powers, the Zoning Board of Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit. The Board shall render a decision on the appeal without unreasonable delay. If the Board fails to act within 90 days from the date the appeal was received by the Board, or an extended period of time as may be agreed upon, the appellant may determine the appeal has been denied.
(e) Notification of Board's Decision. The Secretary of the Board shall notify the appellant in writing of the decision of the Board. The Board shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep records of its official actions.
(Ord. 48-02. Passed 2-25-02.)