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17-13-1203 Application. The application for appeal must be filed with the Zoning Board of Appeals and must be taken within such time as prescribed by the Zoning Board of Appeals by general rule. A notice of Appeal specifying the grounds thereof must be filed with the Office of the Zoning Administrator.
17-13-1204 Effect of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such cases, proceedings may not be stayed other than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record.
17-13-1207 Action by Zoning Board of Appeals. The Zoning Board of Appeals is the final decision- making body on Appeals. The Zoning Board of Appeals may affirm or may, upon the concurring vote of 3 members, reverse, wholly or in part, or modify the order, requirement, decision or determination, as in its opinion ought to be done, and to that end will have all the powers of the officer from whom the appeal is taken. The Zoning Board of Appeals must grant to the Zoning Administrator's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391)