(A) Right to appeal. Any officer, department, board, or bureau of the municipality, or any person aggrieved or affected by any decision of the Zoning Officer, may take appeals to the Board of Adjustment. Such appeal shall be taken within a reasonable time by filing with the Board of Adjustment a notice of appeal specifying the reasons for such appeal, and transmitting all papers constituting the record upon which the action appealed was taken.
(B) Hearing; notice; Board’s decision. The Board of Adjustment shall fix a reasonable time for the hearing of appeal not to exceed 30 days, publish notice once in a newspaper of general circulation at least seven days prior to the hearing date, as well as due notice to the parties in interest. The Board shall render a decision within a reasonable time not to exceed ten days thereafter. At the hearing, any party may appear in person or by attorney.
(C) Stay of proceedings.
(1) An appeal stays all proceedings in furtherance of the action appealed, unless the applicant certifies to the Board of Adjustment after the notice of appeal shall have been filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property.
(2) In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application. The applicant must be notified of the restraining order and due cause must be shown.
(D) Power of Board. In exercising the above mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination brought up for appeal.
(2015 Code, § 11-24-8) (Ord. 454, passed 6-19-2000)