(a) Appeals. An appeal to the Board of Zoning and Building Appeals may be taken by any person aggrieved or by any officer of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within twenty (20) days after the decision, by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(b) Application. An application in cases in which the Board has original jurisdiction under the provisions of this Zoning Code, may be taken by any property owner, including a tenant (upon prior written approval of property owner), or by a governmental officer, department, board or bureau. Such application shall be filed with an original and five (5) copies thereof with the Zoning Administrator who shall transmit the same to the Board.
(c) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board, after notice of the appeal has been filed with him, that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may, on due cause shown, be granted by the Board on application after notice to the Zoning Administrator, or by judicial proceedings.
(d) Hearings. The Board of Zoning and Building Appeals shall fix a reasonable time for the public hearing of the appeal or application, not later than forty-five (45) days from the date the appeal or application is filed with the Board, give at least ten (10) days notice in writing to the parties in interest, as provided in Section 11.05 of the City Charter, and decide the appeal or application within thirty (30) days after the final hearing thereon. At the hearing, the applicant or any party in interest may appear in person or by an Attorney at Law.
(e) Decisions. Upon request by the applicant, a certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Administrator. Such decision shall be binding upon the Zoning Administrator and observed by him and he shall incorporate the terms and conditions of the same in the zoning certificate issued to the applicant or appellant whenever an approval is authorized by the Board. A decision of the Board shall not become final until the expiration of five (5) days from the date such decision is made, unless the Board finds that the immediate taking effect of such decision is necessary for the preservation of property or personal rights and so certifies on the record.
(Ord. 2010-059. Passed 3-7-11.)