§ 153.28  APPEALS.
   (A)   Any person aggrieved or any taxpayer affected by any decision of the Joint Airport Zoning Board made in his or her administration of this subchapter, or the governing body of a political subdivision or a Joint Airport Zoning Board, if of the opinion that a decision of the Joint Airport Zoning Board is an improper application of these regulations, may appeal to the Board of Adjustment.
   (B)   All appeals under this section must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the Joint Airport Zoning Board a notice of appeal specifying the grounds of appeal. The Joint Airport Zoning Board shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
   (C)   (1)   An appeal shall stay all proceedings in furtherance of the action appealed from unless the Joint Airport Zoning Board certifies, in writing, to the Board of Adjustment, after the notice of appeal has been filed with it, that, by reason of the facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property.
      (2)   In such case, proceedings shall not be stayed, except by order of the Board of Adjustment on notice to the agency from which the appeal is taken and on due cause shown.
   (D)   The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
   (E)   The Board of Adjustment may in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances; and, for that purpose, the Board has the same authority as the administrative agency from which the appeal was taken.
(2012 Code, § 14-79)