(a) (1) Appeals and Applications. An appeal, in cases in which the Board has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, board or bureau. Such appeal shall be filed with the Zoning Inspector who shall transmit same to the Board. A fee of one hundred dollars ($100.00) shall be paid to the Zoning Inspector at the time notice of appeal is filed, which the officer shall forthwith pay over to the City Auditor to the credit of the General Revenue Fund.
(2) The Appellant shall also pay the cost of postage and publication and shall make a deposit of one hundred fifty dollars ($150.00) at the time the Notice of Appeal is filed. Should the cost of postage and publication be less than one hundred fifty dollars ($150.00) then the balance of the deposit will be refunded to the Appellant, should the amount be in excess of the deposit then the Appellant shall pay the additional amount. All sums deposited or paid shall be paid over to the City Auditor to the credit of the General Revenue Fund.
(Ord. 29, 2009. Passed 6-24-09.)
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by an officer of the Municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision has been made in writing, entered in the Zoning Inspector's records and a copy of the same sent to the appellant by certified mail to the address appearing on the appeal, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it that by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a Court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board may, in conformity with the provisions of this Zoning Ordinance reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the Zoning Inspector from whom the appeal is taken.
(4) If the appeal or variance is denied by the Board, the appellant's recourse is to proceed to the Court of Common Pleas, according to State statutes. An appeal shall be heard not more than once by the Board.
(Ord. 48, 1977.)